GOs passed in the year 1985 i.e. NTR Act
SATYANARAYANA K
(Querist) 23 February 2010
This query is : Resolved
Respected all experts sirs,
I don't have any idea about that act or G.O, please clarify my doubt,
After came that act or G.O, i got knowledge after passed that act or G.O i.e., woman also will get the equal share as well as man,
Please give about above G.O or Act which is correct, please clarify my doubt, i am waiting for your valuable replies sir.
A V Vishal
(Expert) 23 February 2010
The following Act of Andhra Pradesh Legislative
Assembly which was reserved by the Governor on the 10th
October, 1985 for the consideration and assent of the
President received the assent of the President on the
16th May, 1986 and the said assent is hereby first
published on the 22nd May, 1986 in the Andhra Pradesh
Gazette for general information.
ACT NO. 13 OF 1986
An Act to amend the Hindu Succession Act, 1956
in its application to the State of Andhra
Pradesh.
Whereas the Constitution of India has proclaimed
equality before the law as a Fundamental Right;
And Whereas the exclusion of the daughter from
participation in coparcenary ownership merely by
reason of her sex is contrary thereto;
And Whereas such exclusion of the daughter has
led to the creation of the socially pernicious
dowry system with its attendant social ills.
And Whereas this baneful system of dowry has to
be eradicated by positive measures which will
simultaneously ameliorate the condition of women
in the Hindu society;
Be it enacted by Legislative Assembly of the
State of Andhra Pradesh in the Thirty-Sixth Year
of the Republic of India as follows:
Short Title, Extent and Commencement
1.(1) This Act may be called the Hindu Succession
(Andhra Pradesh Amendment) Act, 1986
(2) It extends to the whole of the State of Andhra
Pradesh.
(3) It shall be deemed to have come into force on
the 5th September, 1985.
2 Insertion of a new Chapter II-A in Central Act
30 of 1956
In the Hindu Succession Act, 1956 (hereinafter
referred to as this Act) after Chapter -II, the
following chapter shall be inserted, namely:-
CHAPTER - II-A.
Succession by survivorship
Equal rights to daughter in coparcenary property
29A.- Notwithstanding anything contained in Section 6
of this Act-
(i) in a Joint Hindu family governed by Mitakshara
Law, the daughter of a coparcener shall by birth
become a coparcener in her own right in the same
manner as the son and have the same rights in
the coparcenary property as she would have had
if she had been a son, inclusive of the right to
claim by survivorship, and shall be subject to
the same liabilities and disabilities in respect
thereto as the son;
(ii) at a partition in such a joint Hindu Family the
coparcenary property shall be so divided as to
allot to a daughter the same share as is
allotable to a son.
Provided that the share which a
pre-deceased son or a pre-deceased daughter
would have got at the partition if he or she had
been alive at the time of the partition shall be
allotted to the surviving child of such
predeceased son or of such pre-deceased
daughter;
Provided further that the share allotable
to the pre-deceased child of a pre-deceased son
or of a pre-deceased daughter, if such child had
been alive at the time of the partition, shall
be allotted to the child of such pre-deceased
child of the pre-deceased son or of the
pre-deceased daughter as the case may be;
(iii) any property to which a female Hindu becomes
entitled by virtue of the provisions of clause
(i) shall be held by her with the incidents of
coparcenary ownership and shall be regarded
notwithstanding anything contained in this Act
or any other law for the time being in force, as
property capable of being disposed of by her by
will or other testamentary disposition;
(iv) nothing in clause (ii) shall apply to a daughter
married prior to or to a partition which had
been effected before the commencement of Hindu
Succession (Andhra Pradesh Amendment) Act, 1986.
Interest to devolve by survivorship on death
29-B When a female Hindu dies after the
commencement of the Hindu Succession (Andhra
Pradesh Amendment) Act, 1986 having at the time
of her death an interest in a Mitakshara
coparcenary property, her interest in the
property shall devolve by survivorship upon the
surviving members of the coparcenary and not in
accordance this Act.
Provided that if the deceased had left any
child or child of a pre-deceased child the
interest of the deceased in the Mitakshara
coparcenary property shall devolve by
testamentary or intestate succession as the case
may be, under this Act and not by survivorship.
Explanation-1.- For the purposes of this
section, the interest of a female Hindu
Mitakshara coparcener shall be deemed to be the
share in the property that would have been
allotted to her if a partition of the property
had taken place immediately before her death
irrespective of whether she was entitled to
claim partition or not.
Explanation 2:Nothing contained in the proviso
to this section shall be construed as enabling a
person who, before the death of deceased, had
separated himself or herself from the
coparcenary or any of his or her heirs to claim
on intestacy a share in the interest referred to
therein.
29-C Preferential right to acquire property in
certain cases
(1) Where, after the commencement of the Hindu
Succession (Andhra Pradesh Amendment) Act,
1986 an interest in any immovable property
of an intestate or in any business carried
on by him or her, whether solely or in
conjunction with others devolves, under
section 29A or section 29-B upon two or
more heirs and any one of such heirs
proposes to transfer his or her interest
in the property or business, the other
heirs shall have preferential right to
acquire the interest proposed to be
transferred.
(2) The consideration for which any
interest in the property of the deceased
may be transferred under this section
shall in the absence of any agreement
between the parties, be determined by the
court, on application being made to it in
this behalf, and if any person proposing
to acquire the interest is not willing to
acquire it for the consideration so
determined, such person shall be liable to
pay all costs of or incidential to the
application.
(3) If there are two or more heirs,
proposing to acquire any interest under
this section, that heir who offers the
highest consideration for the transfer
shall be preferred.
Explanation:- In this section `court'
means the court within the limits of whose
jurisdiction the immovable property is
situate or the business is carried on, and
includes any other court which the State
Government may, by notification in the
official Gazette, specify in this behalf.
Kumar Thadhani
(Expert) 25 February 2010
I agree with the expert Mr Vishal.
