Comments on Hindu adopted sons rights in the coparcenary property of his natural family U/s 12(b) of the act

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sachin agarwal

sachin agarwal

Wrote on 07 March 2018  

sir please tell me weather in Muslim personal can be adopted buy a Muslim personal under the any provision of law and what the remedy available in case there is any dispute regarding the adoption or the dispute regarding the properties so passed by such adoption



Rudrawar Narayanreddy

Rudrawar Narayanreddy

Wrote on 12 February 2018  

I have written another article Hindu succession act before and after 2005 amendment Brief analysis of judgements see that. Prakash Vs Phulawati judgement is against Ganduri Koteshwaramma case and so not laying down correct precedent. Prakash Vs Phulawati is wrong, for it read only on and from the commencement of the act 2005 but not read the wordings of the statute, intention of the parliament to make law applicable retrospectively and based its reasoning on Sheeladevi case and principle of once vested cannot be divested. Sheeladevi case is wrong. That case is based on chander sen case which dealt with separated fathers personal share and not coparcenary share, relying on chander sen case and applying in Prakash Vs Phulawati case to coparcenary share is wrong. It is settled law that in respect of coparcenary property there is no vesting, it is unity of ownership. I have discussed in detail all the cases. The law is that daughter must be alive as on 2005 to become coparcener. Daughter is coparcener in her own right by birth either born before 1956 or after and father died before 2005 or after 2005 makes no difference. Only thing is that there is not partition before December 2004 and no sale or gift before December 2004.



Vijaykumar Putcha

Vijaykumar Putcha

Wrote on 11 February 2018  

Please discuss Danamma vs Amar case judgement on February 1st very confusing in the instant case father died in 2001 , Prakash vs Phulwati case is overruled by this .



Vijaykumar Putcha

Vijaykumar Putcha

Wrote on 10 February 2018  

Sir,I have a query if now father died before 2005 and partition not done case pending in court will the daughter have equal rights in the undivided property ?


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