My grandfather, who was born before India’s independence, passed away in 2001. He had five children – three daughters and two sons. All his children passed away before 2002, leaving behind their families. He gifted his property to both his sons. His eldest son, who had two sons, also passed away. The other son died without any children. My grandfather’s daughters have their own families, but unfortunately, their brothers and their sons have also passed away.
I am the grandson of my grandfather’s eldest son. Considering the situation and the fact that all individuals passed away before the 2005 amendment, would my cousins and I have any claim on the property? Is the 2005 amendment applicable retrospectively? I’m not a legal expert, so I need clear guidance. Any advice or suggestions would be truly appreciated as I am struggling financially and seeking a favorable outcome.
Under Indian law, the 2005 amendment to the Hindu Succession Act is not applicable retrospectively. Since your grandfather passed away in 2001 and his sons inherited the property, their children (your cousins and you) do not have a claim on the property. You should consult a lawyer to explore other potential legal avenues for seeking financial assistance.
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