HINDU SUCCESSION (AMENDMENT) ACT 2005

Guest (Querist) 02 December 2009 This query is : Resolved
HINDU SUCCESSION (AMENDMENT) ACT 2005
"On and from the commencement of the Hindu Succession (Amendment) Act, 2005, in a Joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall,- (a) by birth become a coparcener in her own right in the same manner as the son; (b) have the same rights in the coparcenary property as she would have had if she had been a son"

Please any one can explain me about "coparcenary property" as per the above law in respect to women's rights over property. Is that women has to be 4th generation (That is property should pass from her great grand father). Otherwise her father can dispose to any one of his choice as per self acquired nature. Thanks.

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Raj Kumar Makkad (Expert) 02 December 2009
coparcener in the given matter denotes that the daughter is also having equal status in the parental property left by her parents. it has no meaning that the property should be ancestral or as you told 4th generation property. A person is free to make will of his property during his life time if he had acquired it by himself but if he died intestate then the right of the daughter is same as of son in such property. Coparcener word has very well been defined in section of Hindu Succession act.

adv. rajeev ( rajoo ) (Expert) 03 December 2009
I agree with Raj

Guest (Querist) 03 December 2009
Dear sir,
Please go through the recent SC Judgement of 2009 in Shyam Lal @ Kuldeep vs Sanjeev Kumar and Others,

â€œA male Hindu governed by Mitakashara system is not debarred from making a Will in respect of coparcenery or ancestral property under Section 30 read with Section 4 of the Hindu Succession Act 1956.â€

Please tell me the clear cut meaning of this judgement. If property passed from grand father to my father he can dispose property through will to his sons only ignoring daughter.

Dr. Jyothi Vishwanath (Expert) 14 December 2009
if property passes from the grandfather to one's father, the father can make a will & diapose of his own interest in such property to any person he likes. but he cannot disturb the birth right of his son and daughter acquired in such property.

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