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suryaprakash (svd)     01 February 2013

Daughters' right for inheritence

Can she claim the share in the inheritence property as per the Hindu succession act 2005 , even if the property was shared and distributed between the sons on 2000, before the amendment?



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 2 Replies

Karl Jacob (Partner/Advocate)     01 February 2013

No. Partition/alienation/transfer ought not to have taken place before amendment.

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     01 February 2013

THE HONORABLE SUPREME COURT OF INDIA HAD GIVEN A JUDGEMENT LAST YEAR MAY BE BEFORE APRIL 2012 IN A PARTION CASE RELATING TO THE YEAR 1951 AND HAD ORDERED THAT THE WOMAN'S SHARE MUST BE RESTORED TO HER BECAUSE THAT WOMAN WAS A MINOR IN THE YEAR 1951 . SHE HAD CLAIMED THAT HER MOTHER HAD GIVEN THAT PROPERTY TO SOMEBODY WHICH I DON'T REMEMBER NOW WHEN SHE WAS A MINOR . THIS HAD COME IN THE HINDU LAST PAGE AND IN BOLD LETTERS . KINDLY REFER TO THE DETAILED JUDGEMENT .- JOSEPH WILFRED 01/02/2013 AT 23.19 HRS.


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