Hindu succession act amendment 2005

As per the HS Act, women will get a share in the ancestral property. Opponents deny the opposite parties' averments.

If your grandfather was alive then with whom was the partition done  and between who was the partition, whether this is ancestral property or your grandfather's share in the property or whether it was his self acquired property?

Who are the opponents that you refer here?

Your question lacks clarity hence no opinion can be rendered 

Section 6A of the HSA, 1956 (Amendment Act, 2005) providing share of daughters equal to sons in ancestral property is effective retrospectively i.e., even before 1956.

Let your opposite counsel prove it otherwise, if possible. 

Daughter can challenge old partition based on wrong exclusion of daughter's.S.C incase Vinita Sharma vs Rakesh Sharma held that daughter's are coparceners by birth and can inherit property even if their father died before 2005 amendment 

T. Kalaiselvan Sir,

It is ancestral property and Opponents are My mother's brothers.

The facts posted are too sketchy. Please post the complete facts.

The subsequent post also do not highlight the question by which you desire to clarify the details

You / your mother is stated to have already engaged / paid an able, competent and intelligent lawyer who is well aware about facts and circumstances of the case, what is his/her opinion and advise ?

It is better to consult and engage some other local prudent lawyer for proper appreciation of facts/documents, professional advise and necessary proceeding if you have lost faith in your lawyer.

Why do you need a second opinion and obligation of experts on this platform except the fact it is available FREE OF COST, which have adequatly been responded ??

Based on the Hindu Succession (Amendment) Act, 2005 and key Supreme Court rulings, here's a clear explanation of your family's situation:

 Key Legal Points 2005 Amendment to the Hindu Succession Act: This amendment gave daughters equal coparcenary rights in ancestral property, just like sons. It applies regardless of whether the father was alive on the date of the amendment (September 9, 2005).

This was clarified by the Supreme Court in Vineeta Sharma v. Rakesh Sharma (2020). Cut-off Date for Valid Transactions: If a partition or sale of ancestral property was completed before December 20, 2004, it is protected and cannot be challenged under the 2005 amendment.

However, oral partitions or unregistered documents are not automatically valid unless proven in court.

Your Case: Your grandfather died in 2018, well after the 2005 amendment. If the partition claimed by the opponents was not formalized through a registered deed or court decree before December 20, 2004, your mother and her sisters can still claim their rightful share.

The burden is on the opponents to prove that a valid and binding partition occurred before the cut-off date.

 What You Can Do Check for documentation: Was there a registered partition deed or court decree before December 20, 2004? Challenge oral or informal partitions:

 Courts often reject oral partitions unless there's strong evidence. Consult a property lawyer: A local advocate can help assess the strength of your case and represent you in court.

You are yet to provide the information on the substantial issues.

How is that the property is ancestral? How did the grand father acquire title to the property?

When did the alleged partition favouring the uncles take place? Was it through a registered deed?

Thank you Rama chary Rachakonda Sir, for your valuable advice. You cleared my doubts.

Based on the Hindu Succession (Amendment) Act, 2005 and key Supreme Court rulings, here's a clear explanation of your family's situation:

 Key Legal Points 2005 Amendment to the Hindu Succession Act: This amendment gave daughters equal coparcenary rights in ancestral property, just like sons. It applies regardless of whether the father was alive on the date of the amendment (September 9, 2005).

This was clarified by the Supreme Court in Vineeta Sharma v. Rakesh Sharma (2020). Cut-off Date for Valid Transactions: If a partition or sale of ancestral property was completed before December 20, 2004, it is protected and cannot be challenged under the 2005 amendment.

However, oral partitions or unregistered documents are not automatically valid unless proven in court.

Your Case: Your grandfather died in 2018, well after the 2005 amendment. If the partition claimed by the opponents was not formalized through a registered deed or court decree before December 20, 2004, your mother and her sisters can still claim their rightful share.

The burden is on the opponents to prove that a valid and binding partition occurred before the cut-off date.

 What You Can Do Check for documentation: Was there a registered partition deed or court decree before December 20, 2004? Challenge oral or informal partitions:

 Courts often reject oral partitions unless there's strong evidence. Consult a property lawyer: A local advocate can help assess the strength of your case and represent you in court.