Hindu Succession act,2005,status of women born before 1956
Querist :
Anonymous
(Querist) 11 April 2010
This query is : Resolved
What is the share/status of women born before the enactment of Hindu Succession Act,1956?
Do they get share in the HUF property?
Does the amended HSA of 2005, applicable for those, born before the enactment of HSA of 1956?
What is the cut off date in that case?
What if it is partitioned under a registered partition deed before 24-12-2004?
By the amendment to HSA by Parliament, is the state amendment passed before 2005, gets repealed or not?
Is the amendment to HSA, to section 6, is it substituted or amended?
What is the position of the properties, which were partioned before 24-12-2004 and alienated? Is such a (sale) alienation is valid or not?
B.B.R.Goud.
(Expert) 11 April 2010
as far as i know is, if the property is alienated or gifted or mortgauged or sold or not transfered by any manner & means, then the women will get her share as per HSA 1956.
but as HSA 2005, there are is a cut off date... as you mentioned.
in 2005, HSA sec 6 is amended.
before 24-12-2004, alienation will not get affected. it is valid...
Querist :
Anonymous
(Querist) 11 April 2010
Dear Mr.BBR Goud,
Thanks.
The latest judgement by The Honourable High Court of Karnataka is an eye opener, dated 19-03-2010. It has exhaustively discussed about the cut off date, the validity of transaction between 1956 to 2005, retrospective effect and status of women in HUF as on date.
But, many of my colleagues have different views and was confused. Hence the query.
Regards,
mc
