Legal Question in Civil Litigation in India
Hidu Succession(amendment)Act 2005
partition suit decreed. Thereafter property was alienated to third parties in Sept., 2004. Sec:6 of the said Act alienations made prior to the commencement of the said Act cannot be invalidated. Can a daughter file a suit for partition of the property which was already alienated before commencement of the sai Act. That too without challenging the decree passed prior to 20.12.2004 i.e. the commencement of the said Act. Sec: 6 of the said Act clearly says:
i) property alienated prior to 20.12.2004 cannot be alienated.
ii) if the partition is effected prior to 20.12.2004 either by way registered partition deed or by way of a court decree. Please clarify.
2 Answers from Attorneys
Re: Hidu Succession(amendment)Act 2005
Already answered
Re: Hidu Succession(amendment)Act 2005
If the proceedings have become final prior to enforcement of the amendment Act, the same may not be challenged under the new Act.
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