HINDU SUCCESSION ACT(AMENDMENT)2005
M.Chandra shekar
(Querist) 18 April 2010
This query is : Resolved
1). When does this Act(amended) becomes effective?
17-06-1956? or much before, if so, when?
2) Does this amendment confers the right for the daughters, who are born before 17-06-1956?
3). What if a partition is effected before 24-12-2004, registered as per the provisions of The Registration Act of 1908? Is it valid?
Suryanarayana Tangirala
(Expert) 18 April 2010
(1)Hindu Succession Act(As Amended by Act 39 of 2005(w.e.f.9-9-2005)
(2)Yes she will have, daughters have coparcenary rights by birth.
(3)The Act claerly states that Dispositions/Alienations made prior to December 20 th 2004 not invalidated.However,any Partitionvor testamentory Disposition effected after December 20th 2004 contrary to amended s.6 of Act with a view to defeat daugther's right to become a coparcener will be void and declared invalid...
Guest
(Expert) 18 April 2010
i do agree
G. ARAVINTHAN
(Expert) 19 April 2010
Suryanarayana is right. The act came in to force in a retrospective effect
M.Chandra shekar
(Querist) 19 April 2010
Dear Mr.Suryanarayana, Mr.Ajithab Acharya and Aravinthan,
Thanks.
But, the recent judgement of Karnataka High Court dated 19-03-2010, interprets and makes it crystal clear that the said Act and Amendment and Substituion is effective from the date of the Original Act, from 17-06-1956. The Act confers the right from birth for those, who are born after the Enactment of HSA on 17-6-1956, and not for those, who are born before that date. It cannot confer it for the period, when the law does not exist at all.
Please go through the judgement dated 19-3-10. ref:RFA 326/2004.
Thanks once again,
Regards
M.Chandra shekar.
