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 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     12 December 2023

What is your problem?

Sanskriti Tiwari   12 December 2023

Sanraksh*t Kul refers to protected or reserved family property. The removal of such protection depends on various factors, including the nature of the property, the governing laws, and the specific circumstances of the case. In Hindu law, ancestral property (coparcenary property) can be partitioned, allowing a coparcener to seek division through a legal process under the Hindu Succession Act, 1956.

Section 6 of the Hindu Succession Act grants equal rights to daughters in coparcenary property, amending the law to provide equal rights to daughters in the ancestral property. The Supreme Court in the case of Danamma v. Amar upheld daughters' rights in coparcenary property even if the father passed away before the amendment.

To remove the sanraksh*t kul status, legal action for partition can be initiated by any coparcener, ensuring the division of the property among the family members. This process involves filing a suit for partition under the Code of Civil Procedure, 1908, where the court will decide on the division of property based on principles of equity and the respective shares of each member.

T. Kalaiselvan, Advocate (Advocate)     13 December 2023

Filing a suit for partition will provide you the desired releif.

You have not come out with the details for rendering more opinion.


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