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D.Das (VP)     10 October 2015

Notional partition and 2005 hsa amendment

I am the only son of my father and I have 2 married sisters. My father died in 1994 leaving behind my mother and the 2 married sisters. As per the HSA at that time each one of us were entitled to a certain share of my father's ancestral property as per  notional partition calculation although it was not divided meets and bounds. There was never any formal partition claim by my sisters till my mother died in October 2004. My mother had a Will which has been probated since and she has transferred her notional partition (1/3 rd PLUS 1/12 th) share to me.

The Hindu Succession Act 2005 amendment leaves out the testamentary disposition out of the purview of the amended Section 6, if the Will became effective before December 2014. However, my sisters are claiming that they are now eligible for 1/4th of the ancestral properties of my father after 2005 HSA amendment. 

I look forward to your views... please help!

 

 

 



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