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Amendment of Hindu Succession Act of 2005


22-Aug-2023 (In Property Law)
Hello, My grand father had 10 acres of land .he died on May 2004,On his death my dad and uncle(my dads own brother) shared property as per will,later in may 2016 my aunt(my dads sister) filed a legal notice regarding share of property.Is this possible to share property with female sibling even we had a will.then Whats the amendament in Hindu succession act of 2005 So please provide me the legal assistance
Answers (1)

Answer #1
606 votes
Hi
If the property has been bequeathed to the son's (your dad and his brother) by a WILL, then your aunt cannot claim a share in the property.

However the Will needs to be probated in the court of Law.
Also in your case, your aunt cannot claim a share of property on two grounds
a) The property was bequeathed by a WILL and
b) More than 12 years have passed since the demise of your grand father. So law of limitation will go against your aunt.
Hindu succession act will apply only in case of Intestate . In your case since your grand father has left behind a will, hindu succession act will not apply .
Hope this information is helpful

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