- This topic has 3 replies, 1 voice, and was last updated 8 years, 11 months ago by Anonymous.
07/12/2011 at 10:44 AM #563AnonymousGuest
my mother was demised on 16 nevember 2004 and left two properties (houses) behind her owned named(.) My father is also demised on 14th aug 1988 and left four childerens (three sons and one youngest daughter)(.) I am the third son of my parent and my sister is youngest and was married in 1985 and all brothers are settled and married earlier after the sister’s married (.) Now My eldest brother has claimed his share(1/4) along with the share(1/4) of my sister thru a suit filed in lower court at allahabad and a power of attorney of my sister was submitted in the said suit which is commencing since 28 june 2011(.)
My question no1 :- whether my sister is entitled to take her share as per Hindu Succession amendment act 2005 because she is now a canadian citizen and taken the OCI card since july 2006 (.) and which succession act shall be involved for their case
Question no 2 :- whether my sister’s claim shall be dismissed on the ground of citizenship
Question no.3 :- whether clause 23 of hindu succession act2005 (special provision respecting dwelling house because in one of two houses we are living with the three brother’s family and have no place is available to vacate at present for her share) shall apply on her case
i need your suggession
rakesh chandra kushwaha
07/12/2011 at 12:00 PM #3189AnonymousGuest
succession is counted on relationship not based on nationality
10/12/2011 at 9:00 AM #3190AnonymousGuest
Dear Dr.Dsouza Sir,
Thanks about suggession on succession (.) Please send us the related laws and court decisions etc. if available with you because my lawer has said me that she has not authorised to claim her share because she is not the indian citizen now a days and at present when my mother was demised. Question is again arises with little confusion about the clause no 5 of section6 of Hindu succession amendment act 2005 that says nothing shall be constrained when it applies before 20th december 2004 because my mother was demised on 16. november 2004 which is not falling in the above said period. please clarify my confusion about the applicability of 20th december 2004 about HSA Amend. 2005.
11/12/2011 at 5:07 AM #3191
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