Right in ancestral property
Respected Sir/Madam I want to seek your advice regarding paternal property. My father died in 2002 & mother in 2008. I am the only child (female) of my parents. After the death of father, my uncle took all property in his custody giving plea of undivided family & bound me to leave the house of my father. After that I filed a civil suit in 2003. Now the case is at final stage. Instantly the Judge raised the question that daughter has no right over the ancestral property before 2005. Now I am totally helpless. Please give me proper guidance otherwise my case would be rejected. Thanking you! Your's sincerely Subhrama Devi Age-68, patna, Bihar
Ma’am it is a sad fact that the 2005 amendment to the Hindu Succession Act 1955 does not have a retrospective effect. It is a settled law that a girl child in an HUF can claim her share in her father’s property only if her father passes away after September 9 2005. Though arbitrary this rule has been upheld and still stands.
However, if your father has left a will then you may claim according to that. Further other loop holes can be exploited by experienced legal practitioners. To avail their services please use the following link.
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