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Can HSA amendment 2005 applicable for married daughters

(Querist) 14 June 2018 This query is : Resolved 
Hello sir, can HSA amendment 2005 applicable for married daughter who married before amendment 2005. And can HSA amendment 1994 ommited...please give advise...
Guest (Expert) 14 June 2018
Yes that is applicable.
Guest (Expert) 14 June 2018
Yes that is applicable.
Shaktipal (Querist) 14 June 2018
Then what about HSA 1994 amendment... This amendment not applicable for married daughter who married before this amendment..
Ms.Usha Kapoor (Expert) 15 June 2018
Yes HSA 2005 applicable to married daughter.
Guest (Expert) 15 June 2018
Every amendment of addition, deletion or revision is incorporated in the latest Act. You may refer the latest copy of the main Act.
Guest (Expert) 15 June 2018
Every amendment of addition, deletion or revision is incorporated in the latest Act. You may refer the latest copy of the main Act.
Guest (Expert) 15 June 2018
Every amendment of addition, deletion or revision is incorporated in the latest Act. You may refer the latest copy of the main Act.
Ms.Usha Kapoor (Expert) 15 June 2018
Very much applicable.
Ms.Usha Kapoor (Expert) 15 June 2018
It is vary much applicable to married daughters.
Ms.Usha Kapoor (Expert) 15 June 2018
Yes! HSA 2005 Amendment Act is verymuch applicable to married daughters.
R.Ramachandran (Expert) 15 June 2018
There are several laws existing.
What is applicable and what is not applicable cannot be decided in such an abstract and isolated manner.
Applicability or non-applicability of any law depends upon the fact situation.
Therefore, unless you come with your fact situation and ask the query, neither the query will make any sense, nor the answer given to such incomplete query.
Shaktipal (Querist) 15 June 2018
Ok... The fact is My father has one Son A and 5 married daughters A B C D E. Among them B, C and E demand partitions in agriculture land which is inherited from my grandfathers(this agriculture land is self acquired property of my grandfather) death to my father. And my father is alive. B married on dated 15 May 1993, C married on dated 02 June 1994 and E married on dated 15 November 2007. Now advice me they have any right for the partition of agriculture land even my father has alive.
Shaktipal (Querist) 15 June 2018
On the basis of above fact..can HSA amendment 1994 applicable for B and C and HSA amendment 2005 is non applicable for same...pl advice me
R.Ramachandran (Expert) 15 June 2018
Both the HSA 1994 Amendment and 2005 amendment are not applicable to the facts given by you.
Shaktipal (Querist) 15 June 2018
Thank u very much sir... Can you please referred me some articles related to this..
Guest (Expert) 15 June 2018
When your father is still alive, how do you want to apply the HSA on his daughters and your sisters?
Shaktipal (Querist) 15 June 2018
Mr Dhingra sir...my sisters file a case regarding their share in my father's agriculture property that's why I asked whether they are goes in correctly or not...?
Guest (Expert) 15 June 2018
Even you do not have any right to claim any share of the property what to say of your sisters during the life time of your father. In fact, your query is quite vague and gives clear impression as if you are trying to hide some facts.
Shaktipal (Querist) 15 June 2018
No at all I'm not hiding anything...the matter I stated above has true...and my father make gift deed of that property. It's registered in registrar office. This this is also true that my sisters demand for his share and object on gift deed by filling case in court.
Guest (Expert) 15 June 2018
When any share in not legally permissible, how they want share out of your father's property? You and your sisters should know the meaning of the simple word "succession" of the Hindu Succession Act. Any succession is not possible during the life of the owner of the property.

So, question of implication of HSA does not arise during the life time of your father.

Shaktipal (Querist) 15 June 2018
Ok sir..that's why I m asking whether they are going right or wrong by filling case of demanding share
Kumar Doab (Expert) 15 June 2018
Same matter;
http://www.lawyersclubindia.com/experts/Can-my-father-have-right-to-make-gift-deed-of-property--683551.asp
Kumar Doab (Expert) 15 June 2018
If IT is same matter then you must have discussed with your own LOCAL senior counsels of unshakable repute and integrity specializing in succession/civil matters and well versed with latest citations, LOCAL –state applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and discussed the facts of the matter for a considered opinion.
You may also post what is the view of your own counsel that has seen the petition of married daughters and knows the facts and finer nuances……………………and how do you find the discussion in one thread different from what is being discussed than the view of your own counsel!
Kumar Doab (Expert) 15 June 2018
If the matter pertains to agricultural land in erstwhile state of UP then you may go thru;

http://www.lawyersclubindia.com/forum/Married-daughter-rights-in-father-ancestral-agri-property-108106.asp
and pick up relevant points.
You may also ask your counsel for latest amendments if any in the erstwhile state.
Ms.Usha Kapoor (Expert) 16 June 2018
I stick to my above view.
Ms.Usha Kapoor (Expert) 16 June 2018
I stick to my above view.
Shaktipal (Querist) 17 June 2018
As I already discussed the fact is My father has one Son A and 5 married daughters A B C D E. Among them B, C and E demand partitions in agriculture land which is inherited from my grandfathers(this agriculture land is self acquired property of my grandfather) death to my father. And my father is alive. B married on dated 15 May 1993, C married on dated 02 June 1994 and E married on dated 15 November 2007. Now advice me they have any right for the partition of agriculture land even my father has alive. My sister's B, C and E filled case in court. They also include other agriculture land which is buoyed by my father in favour of me when I was 15 yr of age. My question is can this my agriculture land is ancestral property. I took advice of my local lawyer. According to them (lawyer) my agriculture land is ancestral property..pl advice me.
Shaktipal (Querist) 17 June 2018
I'm from Maharashtra state.
Dr J C Vashista (Expert) 19 June 2018
You have adequately been advised by experts, which I concur.
However, for any further query consult a local prudent lawyer.


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