Legal Question in Civil Litigation in India
Hindu Succession(Amendment)Act 2005
This is in continuation of earlier question that can a daughter challenge the alienation of property made prior to the commencement of the Act of 2005. She filed a suit for partition against her brother and mother challenging the alienation of property which was made prior to the commencement of the said Act of 2005. How the suit in respect of the property alienated prior to the commencement of the Act is maintainable. In my opinion court cannot entertain such a suit in view of the fact that the jurisdiction of the court in this case barred by the statute itself. I think my question is clear.
4 Answers from Attorneys
Re: Hindu Succession(Amendment)Act 2005
to make your statement complete and clear, you may refer to the relevant statutory provisions which bars the suit?
Re: Hindu Succession(Amendment)Act 2005
to make your statement complete and clear, you may refer to the relevant statutory provisions which bars the suit?
Re: Hindu Succession(Amendment)Act 2005
to make your statement complete and clear, you may refer to the relevant statutory provisions which bars the suit?
Re: Hindu Succession(Amendment)Act 2005
In ordinary circumstances you understanding is correct. Though there could be various other issues involved in it for deciding whether the suit is maintainable or not for instance whether you sister was a party to the decree, etc. Therefore I suggest you should consult a local lawyer with all ther material you have to come to a definite view.
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