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changes in succession rights of women pertaining to ancestral property
13-Jul-2023 (In Family Law)
I am from Hindu family. We have ancestral immovable property in Mumbai. We have a land of 786.5 sq.mtr.. On this land we have a house in which our family stays. Property card holds name of my grandfather. My grandfather was only son without any sibling. He passed away in 1993. He had 5 daughters and 1 son (my father).Out of these 3 daughters have passed away. All daughters are married and having children. My father also expired in 2012. My father had 4 daughters and 1 son (my self). All are married. My question is does my father's sisters and my sisters have any right or share in this property according to Hindu Succession (Ammedment)Act,2005. They are demanding equal share. So please guide accordingly. Actually this property is not self acquired property of my grandfather. It is transferred from last 5 to 6 generations. My Great Grandfather was only son without any sibling and so was my Grandfather. In this case what does the law says?
hello,
your aunts and sister holds equal right as per the new amendment therefore the property shall be equally divided among your father and his 5 sister. you will get from your father's share and further that will be divided equally among you and your sisters
your aunts and sister holds equal right as per the new amendment therefore the property shall be equally divided among your father and his 5 sister. you will get from your father's share and further that will be divided equally among you and your sisters
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Hi,
As per the Hindu Succession (amendment) Act, 2005
It revised rules of coparcenary property giving daughters of the deceased equal rights with sons and subjecting them to same liabilities and disabilities. The amendment essentially further equal right between males and females in legal system.
As per the Hindu Succession (amendment) Act, 2005
It revised rules of coparcenary property giving daughters of the deceased equal rights with sons and subjecting them to same liabilities and disabilities. The amendment essentially further equal right between males and females in legal system.
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Adv. M.A. Rahman
Mumbai | 100+ Answers
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Hello
This is your ancesral property... So this property have to divided equally in your father and 5aunts. After expired of your father, the share of your father also equally divided in to your four sister and you. As per Hindu succession Act daughters are also equal right in the property of her father. If your sisters wants to relinquish their right then u can get whole of your fathers share.
This is your ancesral property... So this property have to divided equally in your father and 5aunts. After expired of your father, the share of your father also equally divided in to your four sister and you. As per Hindu succession Act daughters are also equal right in the property of her father. If your sisters wants to relinquish their right then u can get whole of your fathers share.
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Adv. Sushama Mohan
Nagpur | 100+ Answers
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As per the amended act the act is applicable to females whose father was alive when amendment came into existence and also they themselves were alive at that time.
Also, if a partition has taken place before 20.12.2004 it cannot be challenged as this act is not retrospective to that extent.
Also, if a partition has taken place before 20.12.2004 it cannot be challenged as this act is not retrospective to that extent.
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