Legal Question in Real Estate Law in India

My father died intestate in 1998. I (a male) , my sister, and my mother are his legal heirs.

Since my father's death was before the 2005 HSA amendment took effect, does the amendment apply to any claim on my fathers property made by my sister now or in future?

Is the requirement in Section 6(3) that the father needs to be alive at the time of the 2005 amendment for the daughter to obtain coparcener rights valid for any claims/litigations made by my sister now or in future?


Asked on 5/01/10, 3:27 am

1 Answer from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

The applicability of amendment may depend upon nature of property. In the present case if the property in question was purchased by your father, your sister will be entitled to her share.

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Answered on 5/01/10, 5:48 pm


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