Legal Question in Civil Rights Law in India

We have an ancestral(great grand fathers) property (hindu undevided family) . It was partitioned amongst my grand father's brothers and my dad and his brother in 1998. My grand fathers share was directly in the name of my dad as well as his brother as a joint account as my grand father had expired before the time of partition.Till now my grand fathers share has been in the joint name of my dad and his brother. However my dad has 3 sisters who all were married before 1990. Now will my aunts have equal share in my grand father's share even though property was directly in my dad and my uncles name and all my aunts were married before the Hindu succession Act 2005 amendment was passed ? Or only daughters who would marry after 2005 will have equal right ? The property tax has been paid in the joint name of my dad and my uncle since 1999 till date...so based on tax payed will the property belong only to my dad and uncle or still we need to give share to my dads sisters? Please confirm whether Hindu Succession Act 2005 amendment states that a daughter should be married before 2005 to claim any right or not..ther are contradictory answers on the web some saying that irrespective of their marital status daughters have right in property and some are saying only daughters married after 2005 are eligible...please confirm which of the two is true...Thanks


Asked on 9/07/09, 11:49 am

2 Answers from Attorneys

Daughter has right irrespect of her marriage prior or after.

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Answered on 9/07/09, 11:53 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Your father's sisters are entitled an equal share each.

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Answered on 9/09/09, 8:34 am


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