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My mother gave flat to my sister. How can i claim my share


21-Sep-2023 (In Civil Law)
my father transferred flat on my mothers name. My mother sold the sold flat and bought another flat on my sisters name. How can i claim my share? i am a hindu.
Answers (1)

Answer #1
787 votes
First if all you need to provide basic detail about your self whether you are married or not and details regarding your father property sold by your mother.
Every daughter will now be entitled for her share in her father’s property. In a landmark decision, the Supreme Court has held that the 2005 law that made daughters equal to sons in claiming right in father’s property will apply even to those girls born prior to this date.
This decision is significant since the 2005 amendment to the Hindu Succession Act did not provide for retrospective operation of the law. Although a judgment of the Supreme Court in Prakash vs Phulwati (2016) held the amendment to be retrospective as regards daughters who are living as on the date of amendment (September 9, 2005), the recent decision has made it a general rule that a daughter (living or dead) on the date of amendment will be entitled to share in father’s property, thus making her children too to claim this right.
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