Partition
Querist :
Anonymous
(Querist) 13 August 2011
This query is : Resolved
Sir,
a father died in the year 1954 leaving behind him two daughters born in the year 1951 and 1952 and one brother. one of the daughter claims partition of equal share with her brother in the properties of her deceased father. whether she is entitle as per the amended Hindu succession act 2005
adv. rajeev ( rajoo )
(Expert) 13 August 2011
If there is no regd.partition or alienation then sisters can claim their share, because after the death of a father immediately succession opens. Date of birth is not important but date of death of father is important.
R.Ramachandran
(Expert) 13 August 2011
Prior to the coming into force of Hindu Succession Act, 1956, the females only had a right of maintenance from the joint famiy property. They cannot demand partition nor were they entitled to any share in the coparcenary property, which went by the doctrine of survivorship.
Since the issue in question relates to a period prior to the introduction of HSA 1956, the daughters in question cannot make any claim now.
Further more, the HSA Amendment Act 2005 makes it quite clear that "On and from the commencement of theAct, in a joint family governed by the Mitakshara law the daughter of a coparcener shall ..."
That means on the date when the Amendment Act came into existence - (i) there should be a joint hindu family; and (ii) that family should have a coparcenary property.
Only then, the daughters will also be regarded as an equal coparcenar as a son in the family.
But in the instant case, when the Amended Act 2005 came into force, there was neither a joint hindu family of which the daughters are the members, and there is no coparcenary property, in which they could claim equal right.
M/s. Y-not legal services
(Expert) 13 August 2011
Yes. Am also agree with my senior mr.ramachandran. Nicely explained by him..
K.S.Srinivas
(Expert) 14 August 2011
Clear and precise reply given by Mr.Ramachandran.
prabhakar singh
(Expert) 14 August 2011
quite an adept answer by Mr.Ramachandran.
