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Author Topic: Inheritance of ancestral property as per the Hindu Succession Act in Maharashtra  (Read 1413 times)

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Offline Aditya0310

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Dear Sir/Madam,

My father has inherited his present property in Maharashtra from my grandfather almost 29 years ago, my grandfather has leased the property to my father and has mentioned that after the completion of the leased agreement my father will also be the sole owner of the property. There was no will made by my grandfather, I would like to know whether after so many years can any of my father's siblings or their children claim a stake in the property, as most of my father's siblings are females how will the Hindu Succession Act 05, be implemented in this scenario.

Your valued feedbacks are highly appreciated.

Best Regards.

Offline Aditya0310

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Your timely assistance is highly appreciated (y)

Offline rajgopal sripathi

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Your grand father has actually Willed the property to your father.
He has leased the property to him initially and then made your father absolute owner after the end of lease term. However need to know more details from your end, to give you a proper and correct legal advise based on the facts of your case.

For your info, the maharshtra Amendment of Hindu Succession Act is produced here under for your perusal:

The state of maharashtra w.e.f from 22-6-1994, Under Section 29-A added by the Amendment, the daughter of a coparcener shall by birth become a coparcener in her own right in a joint Hindu family governed by Mitakshara law, and shall have the same rights and be subject to the same liabilities as if she would have been a son.
In the event of partition, she shall be allotted the same share as that of the son, and if she is dead at the time of partition, her children will be allotted her share.
She shall hold such property with incidents of coparcenary ownership, and shall be entitled to dispose of it by will.
A daughter married before 22-6-1994 (the date of operation of the Act) has been excluded from these benefits.
Nor are partitions effected before 22-6-1994 to be reopened.7 And partitions effected on or after 22-6-1994 and before 15-12-1994, if not effected according to the provisions of the Amendment, shall be rendered null and void
Rajgopal Sripathi

Offline Aditya0310

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Thank You so much for your kind reply Mr. Sripathi,

I would like you to know that the document on which my grandfather has mentioned the lease and ownership of the land to my father is not a will (no mention of any witness), although the land was given by my grandfather the construction work and the infrastructure on the land had been Bourne by my father alone. In-fact he had sold some portion of the building/constructed area to others.

Please let me know what other details are required and I shall provide the same.



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