daughter rights on ancestors property

Question

► I need your help to know that my grand father all assets has already transferred to my father in 1992 (after my grand father death) and assets are in my father name. My father's sister is now asking equal land from my father but my father didn't take signature from his sister and she was already married and went to her husband home before property comes on my father name.Is it possible for her to get the equal land. Or it is not possible for her now, as my father has taken all the property on his name before (1992) the amendment act 2005. Kindly help to know

Answer 1

Your aunt cannot legally claim equal land now.

Her right, if any, stood extinguished long ago by:

Passage of time (limitation),

Property mutation and possession since 1992,

Non-application of the 2005 Amendment (since property was already transferred).

Answer 2

Dear Sir,

Legal Effect of the 2005 Amendment

The Hindu Succession (Amendment) Act, 2005 gave equal coparcenary rights to daughters —
but the Supreme Court clarified in multiple cases that this right:

Does not reopen partitions, transfers, or mutations done before 20 December 2004, and

Applies only if the property remained undivided as of that date.

Answer 3

No. Amendment was not having from retrospective defect. The amendment does not apply in given facts and circumstances of the case. Father's sister's claim is otherwise barred by limitation and suffer from other legal defect.

daughter rights on ancestors property

3 Answers

Legal Effect of the 2005 Amendment