Namaskar sir, one of my aunts is claiming now the share in property who was born before 1956. The property got mutated from my grandfather(late) to my father(late) in 1985 later mutated to me in (2017). Does she has the right to claim?
Equal right that's great ... the creator of Hinduism had a massive brain also , in creating nature as a god and many more rules supreme court has to answer who will look after the parents at there old age... No wonder old age home will increase.....
Does ancestral agricultural land also devolve on married daughter, irrespective of law of the state in which it is located? Or is it different in every state?
Please explain if there is family settlement unregistered on basis of this can one member sale part of the property which has not been divided as per HSA 2005.
Sir , please guide us about SC case Prasanta Kumar sahoo vs charulata sahoo case regarding daughters 1/3 rights related civil appeal no. 2913-2915 of 2018
Sir, can the heirs of a lady( father’s sister) , who has died in 1993, now claim the share in the ancestral land , after the Supreme Court’s judgement on 2005 amendment?
Sir, as per section 23 of Hindu succession act 1956 which was omitted in 2005 amendment act...females cannot claim partion in a dwelling house without the consent of male heir...what if she sold a part of undevided dwelling house in 1989 without the concent of male heir....is it valid
Oral partition took place in 1982. Application and registered revenue records are there. Sister filed suit in 2022 for claim of her share. Will she get equal or notional? Please reply.
Sir, admittedly partition took place in the year 1992, daughter did not get any share now the suit is filed in the year 2011 seeking partition on the ground that in partition share was not given to female. In such circumstances, can the female file suit? Will there not be a bar of limitation act which says that after the exclusion of partition the suit is to be filed within 12 years?
Sir kindly will you suggest me,if possible my uncle disposed up the oropert of my parental grandfather.humari grandfather ki 5 betiyan and one son.in the mean in the year 1997 my mom died.as we are the legal heirs of our mother ..my uncle taken the signatures of mine and my brothers after that he left my father and my sister..in the mean while he had taken no objection my sister.he promised to give five lakhas rupees to me and five lakhs to my brother..in belief we had signed but after regisrtaion he wont give any amount to us but.he had given to. Other four sisters five lakhas each..can you suggest me any thing what had to do to get back my amount
Whether daughter from Dayabhaga region also entitled for ancestral property by birth in living condition of father ? Because I am (unmarried daughter)victim of gender discrimination
My grandfather died in 2016, he has a two brothers, they 3 were separated in 2010. They got property from their grandfather, from that property they earned some properties. Before partition my grandfather wrote will(2003) to his brother sons but my mother is only one daughter to him. He didn't gave anything to my mother. Is that will is valid? Is that property is ancestors property or self acquired property?. Can my mother/me clim that property.
Namaskar Sir, Could you please provide us clarity on below confusions. 1. In the recent judgement of Vineetha Sharma, What is the SC stance on oral partition ? a. Pass the partition decree as per proved oral partition b. Do not apply 2005 act(equal share to daughters) to the properties which was divided by oral partition. If 'b' then we have to follow the traditional method like use 1956 act, pre-decree, advocate commissioner &final decree to do physical partition. 2. In 'Prakash vs Pulavathi' judgement is, 'daughters becomes coparcener IRRESPECTIVE OF WHEN THEY BORN'. But in 'Vineetha sharma' judgement is, 'born before and after 2005 amendmemt'. 2005 act is amendment on 1956 act. Daughter born before 1956 and living on 2005 eligible for coparcener? 3. Some complications Going by the rulings, the children of the daughter would become coparceners in two HUFs-in their father’s as well as their mother’s. Courts have not yet ruled on whether they can stake a claim to ancestral properties on both paternal and maternal sides. 4. My personal pain: Two sons four daughters. Daughters married and moved from father house to matrimonial house 50+ years ago. Two sons(+ two daughter inlaws) lived joint family, hardworked and added more properties into joint-family properties. Father died 1988 intestate. Now using 2005 amendment, daughters claims share in her brother's 50+ years hardwork. Some limitation is required.
my father and myself made settlement of all ancestral property in my wife name in 1974 without the knowledge of my sister.he died in 1978.now based on the 2020 judgement,my 3 sister's asking for share.is it possible for them to get equal share when they file a suit.
Great video, cleared lot of doubts. What about sale of property between 20.12.04 and 09.09.05 by sons to third party. Can daughters claim a share in property sold before 09.09.05 but after 20.12.04?
Hello Sir Very nicely explained in the best simple manner.Really Impressive. Though I read each and every pages of the judgement after that also I was searching for so beautifully explanation like yours. But Sir I have a Case Property is Self Acquired. Father(owner) Death 1967 1 Son alive 1 Daughter alive Married 1970 well settled. Absence of any will and no partition has been done. At present can daughter claim share?Any grounds for yes or no?
@@123arpittyagi2 can i claim my fathers self acquired property who died intestate and my brother had mutated his name in revenue records can i claim a share in the property along with my 2 sisters?
Yes. Mutation records are nothing but dictates the name of person who would be bound to pay revenue. See section 8 HSA provided no testamentary disposition has been made.
Sir my dad has 4 sisters....my dad being 5th...so anyway... my grandfather died long back may be in his 1990...so automatically the ownership of the property went to my dad... The will is also registered in my dad's name....now my dad's sisters are bullying us...saying even they should get their share...so we don't know wt to do....???? Do they have a right to get their share in property????
No they don't have any interest because the property has devolved by will. And it is now a separate property of your father. But this rule will apply if the property of your grandfather was his separate property.
@@mukulgupta9351 no sir my gandpa died without a will and the will was made by my father's brothers...on 2006 and it was registered on my dads name...so now sister's are bullying us to give a share in anchestor property so do u think they have a chance???? So even though if they had a chance they should have challenged the will within 12 years but in our case it's has been 14 years now they are telling us they will put a case....
@@tylerdurden5642 It is very difficult to apply the principle of adverse possession and the concept of 12 years period of limitation in the case of coparcenary . Being the owner of the property they can claim their shares anytime.
Sir, My mother side My Grandfather died in 1994 My mother died in 1998 My grandmother died in 2019 My grandfather had 3 children 1. My mother (died) 2. My uncle (younger brother)alive 3.My aunt(younger sister)alive This family properties are still in the name of my grandfather and grandmother. There is no partition of any manner taken place till now. I am the only child for my mother Being grandson of deceased daughter can I claim for equal or notional partition in my grandfather property.
@@harshakumar.n907 You should get 1/3 share in the building after the death of the respective persons as you said and 8/36 share in the agricultural land . This share you should get if there is no will of your grandfather and grandmother.
@@harshakumar.n907 You should get 1/3 share in the building after the death of the respective persons as you said and 8/36 share in the agricultural land . This share you should get if there is no will of your grandfather and grandmother.
Sir my case was decreed 6.6.2004. No final decree was passed due to stay is passing of final decree proceedings. Appeal pending . But in my case thier defense self acquired. My defense joint family property. The lower court decided this the joint family proprty. Their gruonds also self acquired in tje appeal. As such this can applicable? and they have any chance to change defense?
It all depends upon the nature of property. Once it is decided by the court after that rights of the parties will be decided. And till now the suit has not been decided finally that's why they can get the benefit of section-6 also.
My granfather acquired land through partitioned. Thereafter he sold away the property. Out of sale proceding he purchased another property. Through his name. It self acquired or joint family property
Father has sold the ancestral property in 1982 and daughters were major at that period and daughters have not signed for sold properties. Can daughter claim these sold properties?
It depends whether at that point the father was the sole surviving coparcenar or not. ? If he was sole surviving coparcenar then he can sell the entire property.
Hi sir, if the property is already transferred ( transfer only) in the name of son in 1990 , can the daughter still claim the share in property. Also can the daughters who is born before 1956 can she claim the property.
My father has no self acquired property but to deprive unmarried daughter father disposed and transfer my ancestral property in interest of son as father is alive in hindu family governed by Dayabhaga law (Tripura)
@@mukulgupta9351 why bring up the case before 2005...now a 60 70 year old woman will also come to ask for a share..in this sons have attachment not daughters..even if partition is done the daughter will ask for share..I do not understand what made tha law thinking.
It is not a public doc. Rather partition is a private affair between the family members and if it is done orally then you can prove it by witnesses before the court.
Sir I have one question if the partition is done for ancetral land property and given to brothers and sisters have agreed and signed on bond paper .process happened via village accountant followed by tahsildar office in 1994.Brothers are having the property on there name.Now 3 sisters(out of 4) have filed the case.Does the court consider this partition and documents as Valid?as the documents are public documents like phani,record in revenue office.
Hi , if the daughter has fulfilled the requirements of section-6 then she can calim the property even if she is born before 1956. Under section-6 we are talking about mitakshara (priciples of coparcenary)that is old Hindu Law and the changes in the coparcenary property . Hence once the conditions of section-6 has been fulfilled then the daughter can claim the property in the same manner as the son. You can compare this situation with the son that if he is born in the year 1928, then son will be the coparcenar. Similarly daughter will be the coparcenar if she fulfills the conditions. This is due to the principle of equality and social justice.
@@mukulgupta9351 then how is retroactive applicable in this judgement ? There must a date which defines retroactive prior to amendment in 2005. Need some clarity on this.
@@hypercubergumi The date is given that is the date of birth of the daughter. Retroactive means you will get the property from the incidents of past (that is from the date of birth) if the conditions are fulfilled in future that is 9/9/2005.
@@hypercubergumi along with dob the date of amendment also. Past dob as well as the future date of amendment will be the complete law. This combination of past and future is making it retroactive.
दादा ने प्रॉपर्टी परचेज कि उनको कोई संतान नहीं थी, तो उन्होंने अपने रियल ब्रदर के बेटे को अडॉप्ट कर लिया, अडॉप्ट करने के बाद मेरे दादा की डेथ हो गई। प्रॉपर्टी खसरा में मेरी दादी का नाम लग गया जब मेरी दादी का नाम खसरा में लगा तब तक मेरा बर्थ हो चुका था पर मेरे यंगर ब्रदर का बर्थ नहीं हुआ था। दादी की डेथ के बाद खसरा में मेरे पापा का नाम लग गया और मेरे पापा ने पूरी प्रॉपर्टी की रजिस्टर्ड विल मेरे छोटे भाई के नाम पर कर दी अब मेरे पिता की डेथ हो चुकी है अब मुझे क्या करना चाहिए। (Madhya Pradesh) Ab Mujhe yah puchna hai ki kya Mere papa ko vasiyat Karne Ka Adhikar tha. Meri Date of Birth 05/06/1956, Mere Younger brother Ki DOB 04/05/1975 and mere grandfather ki death 1950 mein hui thi.
It depends whether survivoship will apply or notional partition depending upon the old section-6 . Notional partition will be applied only in the case of survival of the female class one heir of the deceased coparcenary or any other male person claiming through her. After doing the notional partition, the share of the deceased will be calculated and his share will be devolved by succession, in this case the children of the deceased daughter will get the shares.
My father has no self acquired property but to deprive unmarried daughter father disposed and transfer my ancestral property in interest of son as father is alive in hindu family governed by Dayabhaga law (Tripura)
Never seen such a type of teaching
Great Great 👍
Thank you so much Sir, I was stuck with explanation of sub section (5) and now it' has been cleared 🙏
this is the most informative video i've seen recently..thankyou so much sir !!
Namaskar sir,
one of my aunts is claiming now the share in property who was born before 1956. The property got mutated from my grandfather(late) to my father(late) in 1985 later mutated to me in (2017).
Does she has the right to claim?
very good lecture, please make video on coparcenary / coparcener also
Thank u so much...
Thank you sir... Very useful video
i like this topic
Hello sir,do you have detailed video on HSA2005 and HSA1956?
Thank you so much sir.....Love u
Equal right that's great ...
the creator of Hinduism had a massive brain also , in creating nature as a god and many more rules
supreme court has to answer who will look after the parents at there old age...
No wonder old age home will increase.....
Top presentation thanks sidi
Thank you sir. Clearly understood now the whole law on this point.
Good lecture on a very interesting topic.
Thankyou for this explanation🙏
Does ancestral agricultural land also devolve on married daughter, irrespective of law of the state in which it is located? Or is it different in every state?
Nicely distinguished
Impressive... Thank You Sir
Sir very nice explanation 🔥🔥🔥🔥
thankyouuuuuuuuuu
In detail explanation..
Thank you so much for this beautiful explanation.
Please explain if there is family settlement unregistered on basis of this can one member sale part of the property which has not been divided as per HSA 2005.
Sir , please guide us about SC case Prasanta Kumar sahoo vs charulata sahoo case regarding daughters 1/3 rights related civil appeal no. 2913-2915 of 2018
Sir, can the heirs of a lady( father’s sister) , who has died in 1993, now claim the share in the ancestral land , after the Supreme Court’s judgement on 2005 amendment?
👍👍
Very very well explained sir. Thank u so much!
I am engineering students but still enjoying lecture
Whether partition changed to succession in all kinds of coparcenaries?
What a great explanation 👍
🔥🔥🔥🔥🔥
Vary good interpretation, Thanks Sir
Q) ARE CHILDREN OF A CO PARCENOR ALSO A CO PARCENOR IE AM I ELIGIBLE TO INHERIT MY NANA'S PROPERTY ?
Sir, as per section 23 of Hindu succession act 1956 which was omitted in 2005 amendment act...females cannot claim partion in a dwelling house without the consent of male heir...what if she sold a part of undevided dwelling house in 1989 without the concent of male heir....is it valid
Super explaination....very nice
Impressive lecture seriously.
In separate property (i.e. obstructive) what if father died before 2005 ?
Will the daughter get equal share ?
Oral partition took place in 1982. Application and registered revenue records are there.
Sister filed suit in 2022 for claim of her share. Will she get equal or notional?
Please reply.
No
Good one 👍
Is there any latest judgement of Hon'ble Supreme Court which extends daughter's right to her mother's property?
Sir, please clarify the proviso to section 6(1) &explanation to 6(5).
Way of explanation 👍
Sir, admittedly partition took place in the year 1992, daughter did not get any share now the suit is filed in the year 2011 seeking partition on the ground that in partition share was not given to female. In such circumstances, can the female file suit? Will there not be a bar of limitation act which says that after the exclusion of partition the suit is to be filed within 12 years?
Sir kindly will you suggest me,if possible my uncle disposed up the oropert of my parental grandfather.humari grandfather ki 5 betiyan and one son.in the mean in the year 1997 my mom died.as we are the legal heirs of our mother ..my uncle taken the signatures of mine and my brothers after that he left my father and my sister..in the mean while he had taken no objection my sister.he promised to give five lakhas rupees to me and five lakhs to my brother..in belief we had signed but after regisrtaion he wont give any amount to us but.he had given to. Other four sisters five lakhas each..can you suggest me any thing what had to do to get back my amount
Whether daughter from Dayabhaga region also entitled for ancestral property by birth in living condition of father ? Because I am (unmarried daughter)victim of gender discrimination
Sir PDF file hai Kaya
Case ki
Ty sir now it's clear
Great sir ✌️
My grandfather died in 2016, he has a two brothers, they 3 were separated in 2010. They got property from their grandfather, from that property they earned some properties. Before partition my grandfather wrote will(2003) to his brother sons but my mother is only one daughter to him. He didn't gave anything to my mother. Is that will is valid? Is that property is ancestors property or self acquired property?. Can my mother/me clim that property.
Sir if Daughter died before 09/09/2005 then also will she get right in property ....or her children can claim for right ?
But question remains ..if father dies before or.9..9.2005 can a daughter claim the joint property share even if the daughter is copercener by birth
Namaskar Sir,
Could you please provide us clarity on below confusions.
1. In the recent judgement of Vineetha Sharma, What is the SC stance on oral partition ?
a. Pass the partition decree as per proved oral partition
b. Do not apply 2005 act(equal share to daughters) to the properties which was divided by oral partition.
If 'b' then we have to follow the traditional method like use 1956 act, pre-decree, advocate commissioner &final decree to do physical partition.
2. In 'Prakash vs Pulavathi' judgement is, 'daughters becomes coparcener IRRESPECTIVE OF WHEN THEY BORN'.
But in 'Vineetha sharma' judgement is, 'born before and after 2005 amendmemt'. 2005 act is amendment on 1956 act.
Daughter born before 1956 and living on 2005 eligible for coparcener?
3. Some complications
Going by the rulings, the children of the daughter would become coparceners in two HUFs-in their father’s as well as their mother’s. Courts have not yet ruled on whether they can stake a claim to ancestral properties on both paternal and maternal sides.
4. My personal pain:
Two sons four daughters. Daughters married and moved from father house to matrimonial house 50+ years ago. Two sons(+ two daughter inlaws) lived joint family, hardworked and added more properties into joint-family properties. Father died 1988 intestate. Now using 2005 amendment, daughters claims share in her brother's 50+ years hardwork. Some limitation is required.
Please reply
Kindly answer sir.
Is - retroactive - applies to the women who was born before 1956 act?
This judgement must be reviewed and the prospective effect must sustain.
If the daughter is dead before 9.9.2005 , can her heirs claim right in grandfather’s ancestral land ?
Great work
Ple give me answer about doughter before 2005 dead
my father and myself made settlement of all ancestral property in my wife name in 1974 without the knowledge of my sister.he died in 1978.now based on the 2020 judgement,my 3 sister's asking for share.is it possible for them to get equal share when they file a suit.
Yes it is
Great video, cleared lot of doubts. What about sale of property between 20.12.04 and 09.09.05 by sons to third party. Can daughters claim a share in property sold before 09.09.05 but after 20.12.04?
Yes she will get
Really helpful sir , thank you 😊
Very nicely explained
Hello Sir
Very nicely explained in the best simple manner.Really Impressive.
Though I read each and every pages of the judgement after that also I was searching for so beautifully explanation like yours.
But Sir I have a Case
Property is Self Acquired.
Father(owner) Death 1967
1 Son alive
1 Daughter alive Married 1970 well settled.
Absence of any will and no partition has been done.
At present can daughter claim share?Any grounds for yes or no?
Yes, see section 8 of HMA, moreover this judgment deals with her coparcenary interest under section 6 HMA.
@@123arpittyagi2 can i claim my fathers self acquired property who died intestate and my brother had mutated his name in revenue records can i claim a share in the property along with my 2 sisters?
Yes. Mutation records are nothing but dictates the name of person who would be bound to pay revenue.
See section 8 HSA provided no testamentary disposition has been made.
Sir my dad has 4 sisters....my dad being 5th...so anyway... my grandfather died long back may be in his 1990...so automatically the ownership of the property went to my dad... The will is also registered in my dad's name....now my dad's sisters are bullying us...saying even they should get their share...so we don't know wt to do....???? Do they have a right to get their share in property????
No they don't have any interest because the property has devolved by will. And it is now a separate property of your father. But this rule will apply if the property of your grandfather was his separate property.
@@mukulgupta9351 no sir my gandpa died without a will and the will was made by my father's brothers...on 2006 and it was registered on my dads name...so now sister's are bullying us to give a share in anchestor property so do u think they have a chance???? So even though if they had a chance they should have challenged the will within 12 years but in our case it's has been 14 years now they are telling us they will put a case....
@@tylerdurden5642 yes they have the right over the property.
@@mukulgupta9351 but it's been 14 year bruh they should challenge the will within 12 years right????
@@tylerdurden5642 It is very difficult to apply the principle of adverse possession and the concept of 12 years period of limitation in the case of coparcenary . Being the owner of the property they can claim their shares anytime.
Thank you sir v helpful
Sir,
My mother side
My Grandfather died in 1994
My mother died in 1998
My grandmother died in 2019
My grandfather had 3 children
1. My mother (died)
2. My uncle (younger brother)alive
3.My aunt(younger sister)alive
This family properties are still in the name of my grandfather and grandmother.
There is no partition of any manner taken place till now.
I am the only child for my mother
Being grandson of deceased daughter can I claim for equal or notional partition in my grandfather property.
Hi , can you please tell me the nature of property owned by your grandfather. Is it - joint property or separate property of your grandfather.
One building was owned by my grandfather himself ..
Agriculture land had came from his father.
@@harshakumar.n907 You should get 1/3 share in the building after the death of the respective persons as you said and 8/36 share in the agricultural land . This share you should get if there is no will of your grandfather and grandmother.
@@harshakumar.n907 You should get 1/3 share in the building after the death of the respective persons as you said and 8/36 share in the agricultural land . This share you should get if there is no will of your grandfather and grandmother.
@@mukulgupta9351 thank you sir.. as per our knowledge there is no will written by my grandfather and grandmother.
Thank you sir
Sir my case was decreed 6.6.2004. No final decree was passed due to stay is passing of final decree proceedings. Appeal pending . But in my case thier defense self acquired. My defense joint family property. The lower court decided this the joint family proprty. Their gruonds also self acquired in tje appeal. As such this can applicable? and they have any chance to change defense?
It all depends upon the nature of property. Once it is decided by the court after that rights of the parties will be decided. And till now the suit has not been decided finally that's why they can get the benefit of section-6 also.
@@mukulgupta9351 lower court decided joint famiky property. In appeal appellants defense self acquired
@@rajithakancharla6870 which law will apply it depends upon the nature of the property. So you have to wait for the decision of the court.
@@mukulgupta9351 ok sir
My granfather acquired land through partitioned. Thereafter he sold away the property. Out of sale proceding he purchased another property. Through his name. It self acquired or joint family property
Very informative sir.
Father has sold the ancestral property in 1982 and daughters were major at that period and daughters have not signed for sold properties. Can daughter claim these sold properties?
It depends whether at that point the father was the sole surviving coparcenar or not. ? If he was sole surviving coparcenar then he can sell the entire property.
@@mukulgupta9351 sir provide your number
if final decree drawn in 2014 daughters can reclaim
Hi sir, if the property is already transferred ( transfer only) in the name of son in 1990 , can the daughter still claim the share in property. Also can the daughters who is born before 1956 can she claim the property.
❤❤
Sir I want to talk with you🙏🙏🙏🙏please 5 min sir
My father has no self acquired property but to deprive unmarried daughter father disposed and transfer my ancestral property in interest of son as father is alive in hindu family governed by Dayabhaga law (Tripura)
You don't think it's a non judicial judgement..take away one's fundamental right and give to others.
Which and Whose Fundamental Right.
@@mukulgupta9351 why bring up the case before 2005...now a 60 70 year old woman will also come to ask for a share..in this sons have attachment not daughters..even if partition is done the daughter will ask for share..I do not understand what made tha law thinking.
@@mukulgupta9351 on one hand say 12 year who's possission is his property. and 15 year after the 2005 amendment they are enacting this law..
Which public documents accepted for oral patio in the court
It is not a public doc. Rather partition is a private affair between the family members and if it is done orally then you can prove it by witnesses before the court.
Mother is coparcener?
If her father is/was a coparcenar then yes.
Sir I have one question if the partition is done for ancetral land property and given to brothers and sisters have agreed and signed on bond paper .process happened via village accountant followed by tahsildar office in 1994.Brothers are having the property on there name.Now 3 sisters(out of 4) have filed the case.Does the court consider this partition and documents as Valid?as the documents are public documents like phani,record in revenue office.
In this case the doc needs to be registered
Nice information sir
Can daughter claim right if born before 1956 ? This is retroactive so this means law will be applicable from the day of commencement of act.
Hi , if the daughter has fulfilled the requirements of section-6 then she can calim the property even if she is born before 1956. Under section-6 we are talking about mitakshara (priciples of coparcenary)that is old Hindu Law and the changes in the coparcenary property . Hence once the conditions of section-6 has been fulfilled then the daughter can claim the property in the same manner as the son. You can compare this situation with the son that if he is born in the year 1928, then son will be the coparcenar. Similarly daughter will be the coparcenar if she fulfills the conditions. This is due to the principle of equality and social justice.
@@mukulgupta9351 then how is retroactive applicable in this judgement ? There must a date which defines retroactive prior to amendment in 2005. Need some clarity on this.
@@hypercubergumi The date is given that is the date of birth of the daughter. Retroactive means you will get the property from the incidents of past (that is from the date of birth) if the conditions are fulfilled in future that is 9/9/2005.
@@mukulgupta9351 if dob is the only criteria then there was no need to put this under retroactive.
@@hypercubergumi along with dob the date of amendment also. Past dob as well as the future date of amendment will be the complete law. This combination of past and future is making it retroactive.
दादा ने प्रॉपर्टी परचेज कि उनको कोई संतान नहीं थी, तो उन्होंने अपने रियल ब्रदर के बेटे को अडॉप्ट कर लिया, अडॉप्ट करने के बाद मेरे दादा की डेथ हो गई। प्रॉपर्टी खसरा में मेरी दादी का नाम लग गया जब मेरी दादी का नाम खसरा में लगा तब तक मेरा बर्थ हो चुका था पर मेरे यंगर ब्रदर का बर्थ नहीं हुआ था। दादी की डेथ के बाद खसरा में मेरे पापा का नाम लग गया और मेरे पापा ने पूरी प्रॉपर्टी की रजिस्टर्ड विल मेरे छोटे भाई के नाम पर कर दी अब मेरे पिता की डेथ हो चुकी है अब मुझे क्या करना चाहिए। (Madhya Pradesh) Ab Mujhe yah puchna hai ki kya Mere papa ko vasiyat Karne Ka Adhikar tha. Meri Date of Birth 05/06/1956, Mere Younger brother Ki DOB 04/05/1975 and mere grandfather ki death 1950 mein hui thi.
Father and daughter died before 2005 will her children get notional partition?
It depends whether survivoship will apply or notional partition depending upon the old section-6 . Notional partition will be applied only in the case of survival of the female class one heir of the deceased coparcenary or any other male person claiming through her. After doing the notional partition, the share of the deceased will be calculated and his share will be devolved by succession, in this case the children of the deceased daughter will get the shares.
My father has no self acquired property but to deprive unmarried daughter father disposed and transfer my ancestral property in interest of son as father is alive in hindu family governed by Dayabhaga law (Tripura)