Sister's share in my father's property ?
29-Nov-2023 (In Property Law)
my father died on 25 nov 1991, and i m his adopted son and i want to sale the property but his real daughter is claiming her share in her father's property . is she is eligible for such share in property ? please give me answer as soon as possible
Your real sister is having share in property of your father. The ratio of share of her depends on so many factors. It is different in Hindus, Muslims, Christians. Please contact with full detail so that proper answer can be given.
The amendments of 2005 in the Hindu Succession Act, 1956 gave equal right to daughters in coparcener properties by removing the discrimination that existed in the original enactment, against Hindu women on rights over ancestral properties. However, the Supreme Court declared that the provisions of the Hindu Succession (Amendment) Act, 2005, are applicable “prospectively” and not with “retrospective”. In the wake of above legal proposition, the daughter cannot claim right over the property in the instant case. However, with regard to query, you will have to establish your right to claim share as a adopted son.
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- Grandfathers property sold out by the grand daughters.
- Gift deed from mother to son but paid in cash the property value
- Cancellation of registered agreement to sell
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