664+ Lawyers are online 
Need information about inheritance of property
28-May-2023 (In Family Law)
We have a situation in which a Hindu undevided property is there. My father died in 2002 and partition has not been done yet. I am a daughter and my question is, wether we will be governed by 1956 act or the amended 2005 act if the division takes place now. My mother is alive and along with me I have 2 other sisters and 2 brothers. I will be governed by which act? And according to law what will be my share in property.
You will govern by 1956 act and accordingly got your share.your mother also have share in that property in your case the amended act does not apply .you have to file title partition suit in concerned court
Helpful?
Adv. Nishant Kumar Sinha
Patna | 25+ Answers
CONTACT NOW
As per the Hindu succession act 2005 amended act, if partition had not been done, then each and every legal heirs have equal share in his ancestral property, it means that you have also 1/3rd share in your ancestral property
Helpful?
Adv. Yogesh Ray
Patna | 100+ Answers
CONTACT NOW
The 2005 act is applicable only if the daughter and father both are alive on the date when the 2005 Act came to effect. This has been held by the Hon'ble Supreme Court in the case of Prakash & Ors v. Phulavati & Ors. Hence as per law only the sons would have a share to the property as your father was not alive when the amendment act came to effect.
Helpful?
Adv. Manini Jaiswal
Patna | 25+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Family lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
