Tamilnad Nadu
vasantha
(Querist) 23 April 2010
This query is : Resolved
My grand father purchased agriculture land Tamilnadu in 1941. Grand father died on 1954. Govt Revenu records show my grand mother name but Registered document has my grand father name. He has 4 daughters and 2 sons. I am Son's daughter. All my aunts are married before 1989 and died except one. Survving aunty filed civil suit on us to get 1/6 in agriculture land. My aunts has right to claim on that property ? Tamil nadu HSA 1989 law says female marreid before 1989 does not have rights. But Centre goverment HSA act 2005 says female has birght rights on father property. Which Act prevail n Tamilnadu?
Please clarify
R.R. KRISHNAA
(Expert) 23 April 2010
Your case is governed under the Hindu Succession Act 1956. Since your grandfather died prior to 1956 the female heirs (your aunts) have no right in the property and only the sons have the right to inherit the property.
Raj Kumar Makkad
(Expert) 23 April 2010
I do agree with krishana and moreover in your case TN HSA 1989 and not Hindu Succession Act because your aunts had married prior to 1989. HSA 2005 is not applicable with retrospective effect rather it is with prospective effect.
