sanjay (engineer) 21 December 2011

Hindu sucession act 2005 amendment

I need a clarification on HSA amendment 2005( property rights for Women) on below case.

Case:
Person XXX(Male) has got an ancestral property of 1 house, 4 acres land.
xxx has 3 children 1 sons and 2 daughters (namely S1, D1, D2).
Person XXX expired in the year 2004 December and the above property has been tranferred to xxx's Widowed wife.

The person xxx has three sisters namely(Y1, Y2, Y3).

Y1,Y2,Y3 all are married and old. they are now asking the share in the property of xxx which is already been tranfered to xxx's Widow.

questions:

1.Do the xxx's sisters(Y1,Y2,Y3) have a legal rights to claim the property share now?

2.xxx's Widow still have her family( S1,D1,D2) which she intends to share. what she is supposed to do?

3. what are the legal right's of the Y1 Y2 Y3?. they are just sister of xxx and xxx' father has died 4 decades ago.

please advise.

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3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 21 December 2011

dear sanjay

daugthers have equal rights as son in ancestar property.

sanjay (engineer) 21 December 2011

Hi Nadeem,

Thank you very much for the response.

But Y1, Y2 Y3 are the sisters of xxx. xxx is already expired on Dec 2004

xxx has got a family with a widow and children(1 son, 2 daughters namely S1, D1,D2)

S1, D1,D1, and Widow of xxx is Class1 coparceners

do you mean Y1, Y1,Y3 are also having right for the property??. Since they belong to Class 2 coparcners.

Please let me know.

thanks

Sanjay..

M. Chandra Sekhar (Engineer) 26 December 2011

Hi Nadeem,

This is regarding the Hindu Succession Act 1956 (property rights for daughters).

If the daughters are born before the enactment of Hindu succession act in 1956, are they still entitled to a share?

Also, is there any case pending in Supreme court of India for judicial clarification of this point? If so, can you please give details of the case such as case number, etc.?