It is not ancestral property
2) on father demise your mother , you and your 2 sisters have equal share in his self acquired property
I have a property at Hisar in the name of my late father. He passed away on 22.2.94 without any Will. Supreme Court had given a verdict during 2015 that if father is not alive on 9.9.2005 (cut off date) then daughters have no right in such property . I have two sisters who are government employees on regular basis. My question is who will be Successor in this case in the light of Amendment in Hindu Succession Act.
It is not ancestral property
2) on father demise your mother , you and your 2 sisters have equal share in his self acquired property
See if the property was self acquired then daughters have right to the property as per intestate law in case the property is ancestral then daughter have no right.
The said ruling if supreme Court is before the higher bench for reconsideration. But currently the aforesaid judgement is intact.
The successors in this case are only male heirs if your father because he was not alive at time of amendment of 2005. And the amendment have no retrospective effect
1. The daughters have no right of share in the ancestral property if father dies before 2005.
2. However the daughters have equal share in the self acquired property ff either irrespective of date of death of father.
3. In other words the amendment f the Act in the year 2005 applies to ancestral property of father only.
The hindu succession act does not say this. As per the lateat judgment the daughters don't have a share when the father dies before 2005 and the land has been partitioned. In your case the land hasn't been partitioned hence they are entitled to the share.
Regards
If it's ancestral property all legal heirs all have rights in the property whether is owned by father or not as per latest amendment by SC.
Don't go by 2005 amendment.
The latest SC order says that daughters become coparcener by birth only so it is irrelevant to take into consideration whether father is alive or not at any point of time in determining the coparcenery right of daughters.
This in fact has given the 2005 amendment restrospective effect where properties are not disposed of by any testamentary documents.
So all your sisters shall be deemed to be coparcener if the property in question is ancestral one.
If it is not an ancestral all children including daughters shall have equal right to the property in absence of any will or testamentary disposition.
if the property is self-acquired then the daughters (your sisters) can make a claim to the property, but if it's an ancestral property, they do not have any right.
the said amendment in The Hindu Succession Act has no retrospective effect
Amendment is related to Ancestral property and HUF property. In self acquired property, daughters have equal right on intestate death.
Dear Queriest
You and your family members need to obtain a Legal Heir Certificate from Tehsildar. Thereafter you may convince the members to relinquish the property through relinquishment deed in the favour of the member you decide.
Then apply before the property Authority to transfer the property in your name.
This the procedure followed in case when a person dies Intestate under Hindu Laws
1. First and foremost, the Hindu Succession (Amendment) Act, 2005 applies to only ancestral property. So the Supreme Court judgment is not applicable to the facts of your case.
2. Since the property is registered in favour of your deceased father who passed away intestate, it has devolved through intestate succession on his widow and all children equally. The share of your two sisters is 1/3rd each which is at par with your share.
1. the SC judgment is applicable only for ancestral or HUF properties and not for self acquired property
2. so if this is a self acquired property then even daughters as class 1 legal heirs of their father can be his successors
Hello,
Please tell that whether the property was ancestral property or a self acquired property of the father?
Regards
The amendment to the HSA in the year 2005 is for giving equal rights to the daughters in the ancestral property only and not in the property that was father's own and absolute property.
Since it was your father's self acquired or inherited property it becomes his own and absolute property in which the daughters being one of the successors in interest are entitled to AN EQUAL SHARE IN THE PROPERTY AT PAR WITH THEIR MALE COUNTERPARTS.