Legal Question in Real Estate Law in
As per the hindu sucession act, law provides equal shares in the father,s property to females. the lower court ordered un-equal shares.a judjement /pre-decree was passed.this order was ex-parte against one of the defendants who was not aware of the judjement/decree.final decree proceedings are going on now. whether the order/pre-decree can be modified in the final decree proceedings due to change of law of hindu sucession act.
whether a appeal can be preferred in the upper court. the appeal will be barred by limitation-whether the delay is likely to be condoned as there is a delay of more than 10 yrs. there is substantial cause- miscarriage of justice.
pl.guide me with some citations/case laws.
2 Answers from Attorneys
since ten years have passed, statue of limitation is going to come in the way. Your best bet would be to file a review of the preliminary decree on the ground of miscarriage of justice. If review fails then you may order both the preliminary decree as well as the order on review
the amendments made in Hindu Succession Act do not have a Retrospective effect and now, after the pronouncement of judgment, one cannot take the plea that amendments have been made in the law, so the decree be changed. the partition/succession would be guided by the old law.
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