Legal Question in Real Estate Law in India

Hindu Succession Act (Amendment)

The Hindu Succession Act (Amendment) 2005 came in force on 20th Dec. 2005. 'A ' a person died before this date (Nov-2005) and distributed his property between his wife and son equally by Registered Will

(June-2004). Has the daughters rights to claim their share of property in son's share and mother's share ? 'B' died in same condition without any Will . What happen in that case?


Asked on 3/08/09, 1:45 am

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Hindu Succession Act (Amendment)

The daughter may still be able to claim her share. However, it may be better to first try for an amicable out of court settlement.

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Answered on 3/08/09, 9:52 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Hindu Succession Act (Amendment)

Already replied.

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Answered on 3/13/09, 6:30 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Hindu Succession Act (Amendment)

That amendment is in respect of ancestral properties.

In cases of self acquired properties not disposed by Will, all class I heirs have equal rights. Class I heirs include mother, widow, sons, daughters, heirs of predeceased sons & daughters. This position exists since 1956.

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Answered on 3/08/09, 1:48 am


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