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Sister already got her share can I claim it back after judgement


03-Mar-2023 (In Property Law)

sir last year in july i sold my ancestral property from which my sister also took her share equally but my father died before 9 sept. 2005. as per the new rule of supreme court , girl can't have her share from ancestral property if father died before 9 sept 2005 so suggest me some way to recover my amount from my sister . or suggest me a right path thabkyou

Answers (1)

Answer #1
94 votes

The Supreme Court has said that a daughter's right to ancestral property does not arise if the father died before the amendment to Hindu law came into force in 2005.
it was further stated that amended provisions of the Hindu Succession (Amendment) Act, 2005, do not have retrospective effect. The father would have to be alive on September 9, 2005. Thus in your case, you can challange the transfer in court.

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