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right of daughters married before 1994 in maharashtra

(Querist) 09 July 2014 This query is : Resolved 
i hav ancestral property in maharashtra.grandfather died in 1995, who has 3 sons n 4 daughters.all daughters married before 1994.my father was eldest son of grandfather.plz tell me, whether my paternal aunts hav equal share in property with my uncles in our property? grandfa had not done any will.all property is till today undevided n in possession.
Vasudev (Querist) 09 July 2014
plz guide me
T. Kalaiselvan, Advocate (Expert) 10 July 2014
State Amendments to Hindu Succession Act of Maharashtra; 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.3 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.4 She shall hold such property with incidents of coparcenary ownership, and shall be entitled to dispose of it by will.5 A daughter married before 22-6-1994 (the date of operation of the Act) has been excluded from these benefits.6 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.
Therefore with reference to the provisions referred above, your paternal aunties who have been married before 1994 are not entitled to a share as a coparcener by birth.
Raj Kumar Makkad (Expert) 12 July 2014
I do endorse the wise advice of Kalaiselvan expert.


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