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Discussion > Property Law > Partition > Women Equal Rights   Unanswered Threads Post New Topic

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Vijay Kumar


Bsc
[ Scorecard : 28]
PRO CHAT CALL
Posted On 20 August 2009 at 16:26 Report Abuse

Dear Sir,

My Grand Father has 2 sons and 3 daughter who all got married in 70's .My Grand Father has a property (House) purchased on 1965 and died in 1989 in chennai without making a will.

According to Tamil Nadu Act

1) Will Daughter get the equal rights to the property?

2) I read some article that according to 29A class(iv) nothing in this Chapter shall apply to a daughter married before the date of the commencement of the Hindu Succession

3) If i go court, what i need to be done?

4) what is the cost ?

5) how many year it gets to solve?

Thanks in Advance

 

 

 

 

 



Adv. Deepak


Advocate
[ Scorecard : 642]
PRO CHAT CALL
Posted On 20 August 2009 at 17:08

Dear Nikhil Verma, The correct reading of S.29A (iv) is "nothing in this chapter shall apply to a daughter married before the date of commencement of Hindu Succession (Tamil Nadu Amendment) Act 1989.  The effective date of this amendment is 25th March, 1989.  So a daughter married before 25th March 1989 will not be eligible for equal rights.  However, a daughter married after 25th March, 1989 will get equal rights in the property.  You have to approach the Hon'ble Civil Court and ask for probate.  All the heirs of the deceased are required to be made party to the proceedings.  If you need more information, please contact ddkharpudikar@indiatimes.com Regards.


Vijay Kumar


Bsc
[ Scorecard : 28]
PRO CHAT CALL
Posted On 20 August 2009 at 17:29

Thanks for Reply....

 


Vijay Kumar


Bsc
[ Scorecard : 28]
PRO CHAT CALL
Posted On 21 August 2009 at 10:17

Dear Sir,

My Grand Father died on 1992 not 1989 i.e after the amendment.......this will impact any implication in partitation.

Thanks


Adv. Deepak


Advocate
[ Scorecard : 642]
PRO CHAT CALL
Posted On 22 August 2009 at 20:53

Dear Nikhil Verma, Your grand father died in 1992, i.e. after the amendment.  So the succession will be governed subject to Section 29A(iv).  It will not have any implication in partition. If he would have died before 1989, then it would have te impact.  Regards.





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