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Hindu succession act-pending case in supreme court

Querist : Anonymous (Querist) 26 December 2011 This query is : Resolved 
Is a daughter born before the enactment of Hindu Succession Act 1956 is entitled for a share in her parents' HUF property?

Also, I learned that there is a civil case pending in Supreme Court for clarification of this issue. Can I have details of the pending case so that I can read more about it.
Nadeem Qureshi (Expert) 26 December 2011
any detail of the case as parties name, filling date, bench/judge name????????????????
Shonee Kapoor (Expert) 26 December 2011
Whether born before or after, she is entitled as per the provisions of the act.

Succession opens on the day the demise of the holder.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh (Expert) 26 December 2011
you just tell the facts instead of using here say terms like HUF ancestral etc.LAW YOU ARE TALKING ABOUT IS WITH REGARDS TO COPARCENARY PROPERTY.


October 12,2011
Ganduri Koteshwaramma Vs. Chakiri Yanadi
Hindu Succession - Coparcenary property - Daughter
2011 STPL(Web) 886 SC
Civil Appeal No. 8538 of 2011 (Arising out of SLP (Civil) No. 9586 of 2010)
whether the benefits of Hindu Succession (Amendment) Act, 2005 are available to the appellants. ….. The declaration in Section 6 that the daughter of the coparcener shall have same rights and liabilities in the coparcenary property as she would have been a son is unambiguous and unequivocal. Thus, on and from September 9, 2005, the daughter is entitled to a share in the ancestral property and is a coparcener as if she had been a son. ….. It is true that final decree is always required to be in conformity with the preliminary decree but that does not mean that a preliminary decree, before the final decree is passed, cannot be altered or amended or modified by the trial court in the event of changed or supervening circumstances even if no appeal has been preferred from such preliminary decree.
R.Ramachandran (Expert) 26 December 2011
Dear Mr. M. Chandra Sekhar,
As rightly pointed out by Mr. Prabhakar Singh, you have to come out with your fact situation to get an answer. There may be several cases pending before the SC on various issues. That may or may not have a bearing on your case. Therefore, it would be better if you give your fact situation and ask a query concerning your problem so that any one of us can give appropriate answer.
Devajyoti Barman (Expert) 27 December 2011
I also agree with the views made above.


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