Partition
basavaraj shiromani
(Querist) 09 March 2012
This query is : Resolved
What is the status of un married lady in a joint family who born prior to 1956. Whether she is entitled to get share in her father's properties (who died prior to 1956) equally with brothers ?
V R SHROFF
(Expert) 09 March 2012
She will get her share in her father's property, who died intestate.
basavaraj shiromani
(Querist) 09 March 2012
Thank you Shroffjee.
Whether she becomes a co parcener ? amended act applicable to her case ? If you observe the Puspalatha's case (kar), what is the extent of per share whether she is entitle to get equal share with her brothers ? In fact there is a lot of confusion in adopting the amended act. In one way the amended act has no respective effect, but it gives the rights from the date of amendment. What does it mean ?
ESTHERPRIYA
(Expert) 09 March 2012
No she cannot as a matter of right can claim the property if it is a Joint Hindu Family Property.
Adv.R.P.Chugh
(Expert) 09 March 2012
Cryptic Query. Need more facts. One thing to understand is Daughters were not heirs pre-1956.
The property on the death of father immediately vested in male heirs, or if he left a widow - the widow got a life interest in the property - with property flowing back to reversioners. Now if the widow was holding the property in 1956 when the act came into force. Her ownership turned absolute by virtue of S.14(2).
basavaraj shiromani
(Querist) 09 March 2012
Thank you Bharath.
A Historical amendment to HSA came with an intention to remove the discrimination. The Act itself gives rights to a daughter whenever she may have born, she is entitle to get equal share in her father's properties who died instate. I am little bit confusion that; if a father dies in the year 1952 leaving behind him one un married daughter (born prior to 1956) and one son. Now the un married daughter is claiming partition with her brother as per amended act. Where she is entitle to get equal with her brother.
