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Effect of recent amendment to Hindu Succession Act vs. Probate of a Wi


13-Sep-2023 (In Property Law)
As we know that Supreme Court recently give judgement that daughters have equal birthright to inherit property whether the father should be alive as on September 9, 2005 or not. Hence, I have a query over here that this new judgment will also overruled on Grant of Probate? For more clarification I am providing below my details: My grandfather purchased a property in year: 1931 My grandfather wrote a will in my favor only: 1980 My grandfather died: 1983 I applied for probate: 2016 Probate granted in my Favor: 2020 Now, my sister has filed partition suit against me and she is asking for half of share in my property. Is she is eligible? Please suggest.
Answers (2)

Answer #1
641 votes
hello client as i can see ur issue is seems to be very much a case as per change sinario of the law tht is the changing sinario due to the reason of the latest judgement of the supreme court if india. in present sinario if your sister is trying to claim 50 percent of the whole property. In this matter we need to play a plan as per which your sister should not be given from the court .
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Answer #2
575 votes
Hi, She can only have a coparcenary right if the property was in the Joint Hindu Family, however the same is over-ridden by the will

This property is a self acquired property of your Grandfather which he gave you in the will, the only ground she has in the partition suit is to challenge the authenticity of the will.
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