Grandfather died in 1970 can bua's family claim share in property
31-Mar-2023 (In Property Law)
The court held that the amended provisions of the Hindu Succession (Amendment) Act, 2005, could not have retrospective effect despite it being a social legislation. The court said the father would have had to be alive on September 9, 2005, if the daughter were to become a co-sharer with her male siblings. My grand- father died in 1970. My father's sister i.e. my Bua died in year 2015. Whether my Bua or her family is eligible for become a co- sharer with my two uncles and father in Grand-father's property?
No your Bua or her family members is not eligible as co sharer in your grand father property under the Hindu succession Amendment Act 2005. After marriage of your she has no right in the ancestor property since such act has no retrospective effect.
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