Ashok 01 June 2016

Distribution of inheritance

I am a retired engineer aged 62. My family has a house in Visakhapatnam (my family's native place) in the state of Andhra Pradesh. The house is my father's self acquired property. I have 2 brothers and 2 sisters. My father died in 1994 and my mother died in 2014, both died intestate. One sister's marriage was in 1972 and the other married in 1976. The Hindu Succession (Andhra Pradesh Amendment) Act, 1986 should be read along with the judgement of Prakash v. Phulavati (2015) 11 SCALE 643 . What is the distribution of the property (as % of value) to me?

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4 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 02 June 2016

After UR father died in 1994,was it transferred in the name of UR mother?

SAINATH DEVALLA (LEGAL CONSULTANT) 02 June 2016

According to section 29 of the Hindu Succession (amendment)Act 1986,Andhra Pradesh,the daughters too have an equal share,even if they are married before the commencement of the amended act.

saravanan s (legal advisor) 02 June 2016

Since it is self aquired by your father both your sisters have share in the property

Ashok 03 June 2016

@Mr Sainath Devalla Thanks for your reply. No, the property was not transferred to my mother after the death of my father. You have read section 29A clause ii of the Hindu Succession (amendment)Act 1986 ,Andhra Pradesh . But you have ignored the clause iv of section 29A which nullified the retrospective part of the Hindu Succession (Andhra pradesh Amendment) Act, 1986. Accordingly can you tell me now about my share in property? Thanks in advance