Ancestorial Property Distribution after new SC ruling on H S Act.
Sir, My Father passed away in 1990,leaving beside an agricultural land in M.P,which is our ancestorial property
.He had 2 son and 2 daughters,whose names are entered in land records after his death.
The said property is an ancestorial property (4th generation exist and the land remained undivided).
I have a few questions regarding distribution of the said property -
Q1.Patwari/Tehsildar never approached us for mutation or entry of name in land records.It seems my sisters added names of all survivors after providing death certificate of our father.Does these names on land record gives them equal right in the said property,after verdict of Hon' SC that Hindu succession act is not retrospective?
Q2. What process is necessary to be followed to enter names of surviving member?How can we challenge the names entered in land records as no NOC or documents were signed by the Brothers to enter name of sisters?
Q3. How the partition will be done now if it the Hindu copercener has died before the commencement of Hindu Succession Act (2005)?What will be the share Son & Daughters (3rd generation) and 4th generation (Male members)?What will be order of succession and manner of distribution as per the law and provisions of court??
Q4. Does the 3rd generation (brothers and sisters) have a compulsion now to distribute the property equally since their name is entered in land records and Section 6 of Hindu succession Act has been amended??
Q5. Brothers are claiming that we have a right to decided what share to be given to sisters if the new amendments are not retrospective (father died before 2005).Are we correct in saying so?