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Can my aunts sons and my sister claim a share in ancestral property.
13-Dec-2023 (In Property Law)
my grandfather and my father died in 1986& 1993 respectively without any will. my father had one sister and we are 2 brother and 2 sister ( both married). can the ancestral property left behind by my grand father can be claimed my aunt's(deceased) sons and my sisters legally after the amendment of Hindu succession act in2005?
If the Property has been partitioned by registration or decree passed by the court before December, 2004 right to claim over the disposed property is prohibited as per the Hindu Succession Act and kindly check any family settlement made between joint family members.
But it has one exception as per new judgement of Apex court: Partition and Succession can be open at any time if distribution of property was injustice between Joint family members. Hence, you can challenge that partition subject to absence of non-adverse documents.
But it has one exception as per new judgement of Apex court: Partition and Succession can be open at any time if distribution of property was injustice between Joint family members. Hence, you can challenge that partition subject to absence of non-adverse documents.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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