Applicability of section 23 of Indian Succession Act 1956 & amended Act 2005
A property of two houses jointly constructed stands in my mother’s name. She died during the year 1996, well before the enactment of amendcd Act, 2005. The legal heirs are as follows.
1. My father – Widower - died during 2012, ie after the enactment of amendcd Act, 2005
2. Myself - only Son
3.Ist daughter – married before the death of my mother i.e., during the year 1979
4. IInd daughter – married before the death of my mother i.e., during the year 1983
My father while he was alive, released his 1/4th UDS share of one house (among two) by registerd deed to one of my sister on 3rd Oct 2005 and also made a open in the centre wall between two houses and kept open to the other house which is under my occupation and enjoyment. Through the new opening door, my sister who enjoyed the other house and IInd sister (she was allotted a house by my father in her name by regd.deed) blocked my kitchen, bath room, latrine and stair to upstair threatening that equal share should be abortioned and partitioned.
I have not yet approached any court to seek remedy.
Now, shall this issue will attract sec 23 of hindu succession Act 1956.
Please kindly inform the legality over this issue to proceed further.
Perumal.M