Misuse of sec-6 of hsa 2005-a healthy discussion..
GAURAV
(Querist) 07 November 2011
This query is : Resolved
Sir,Suppose "X" is having ancestral property and he is having one son and one daughter and he has given that property to his son only by way of "Release Deed" 6 year back. Now daughter of "X" has challenged that Release Deed in the court by stating the HSA 2005 rule who is giving equal right to daughter also on ancestral property.Although she donot want her share but she is under pressure from her husband( who is a very greedy man).Here I want to comment on HSA 2005 that the said amendment by government is nothing but has allowed back door entry of asking Dowry by such a greedy person ( In other words Govt has made Dowry legal). Here I am not fully disagree with the said amandment but there should be a time limit after marriage. The daughter enjoy all help/Gift/dowry from her father/brother right from the begining of her marriage on various occassions upto many years and suddenly(even after 20-30 years of her marriage) she claims her share from her father/brother by making misuse of Sec-6 of HSA 2005 . Anyway ,coming to my Query I want to ask:-
1. Can the Daughter's husband can continue the court proceeding after the death of Daughter being the legal heir of his wife. The daughter has no child.
2. I want the experts views on my comments on Sec-6 of HSA 2005.
ajay sethi
(Expert) 07 November 2011
It removes the discrimination as contained in section 6 of the Hindu Succession Act, 1956 by giving equal rights to daughters in the Hindu Mitakshara coparcenary property as the sons have.
in the hypothetical case cited by you it is for the daughter to decide whether she wants to succumb to the pressure from her husband .
the days are gone when daughter were given lot of dowry at the time of marraige . now days at least in mumbai girls want a simple marraige . in fact they insist that money saved on wedding should be preferbaly placed in fixed depsoit to enable the married couple to buy a flat at later stage in joint names .
why should son only inherit all the property of his parents .?
let him work hard and save sufficent money
if the husband is the only leagl heir he can continue legal proceedings
Raj Kumar Makkad
(Expert) 07 November 2011
1. Yes. He being legal heir of deceased wife, a husband can continue the pending case.
2. Your views are absurd having no value in the eyes of law. Woman is entitled for such right as per law and being legal experts, we find your objections as merit-less.
