Sister share
Punit Kumar
(Querist) 03 March 2011
This query is : Resolved
My father died in 1999 without a will. My Mother died in 1990. My sister who was married in 1979 does Is She entitled to share or Not ? If yes under what act Please send ruling or act
The amended act has come into notification in Sept 2005. 2005 amendment
The Hindu Succession (Amendment) Act, 2005 (39 of 2005) comes into force from 9th September, 2005. The Government of India has issued notification to this effect. The Hindu Succession (Amendment) Act is to remove gender discriminatory provisions in the Hindu Succession Act, 1956
Impact of 2005 amendment
According to the amending Act of 2005, in a Joint Hindu Family governed by the mitakshara Law, the daughter of a coparcener shall, also by birth become a coparcener in her own right in the same manner as the son heir. She shall have the same rights in the coparcenary property as she would have had if she had been a son. She shall be subject to the same liabilities and disabilities in respect of the said coparcenary property as that of a son and any reference to a Hindu mitakshara coparencer shall be deemed to include a reference to a daughter. But this provision shall not apply to a daughter married before the commencement of the Hindu Succession (Amendment) Act of 2005.
Punit Kumar : it does not matter at all that when she got married, she will get equal share without any confusion as per sec 6 as amended by Hindu Succession (Amendment) Act (39 of 2005)
THE HINDU SUCCESSION ACT, 1956
ACT NO. 30 OF 1956 Point 23
she shall be entitled to a right of residence in the dwelling-house only if she is unmarried or has been deserted by or has separated from her husband or is a widow.
R.Ramachandran
(Expert) 03 March 2011
Please indicate whether the property in your father's hand was ancestral property (if it is ancestral property - what is the basis on which you say so) or his self-earned property. The answer to your query would depend on the required information.
Punit Kumar
(Querist) 03 March 2011
Respected Mr R.Ramachandran ,
It is a self acquired property.
R.Ramachandran
(Expert) 04 March 2011
Since it is a self acquired property of your father and your father had not left any will, then the property left behind by your father will go by way of inheritence EQUALLY amongst the Class-I legal heirs as per Section 8 of the Hindu Succession Act, 1956. Son(s) and Daughter(s) being the class-I heirs, your sister will definitely get an equal share from the property (not only immovable property, but even movable property like amount in bank account, jewellery etc. etc.). Her married status has nothing to do with this. Further, the Amendment in 2005, which relates to ancestral property, also has no application to the instant case.
Punit Kumar
(Querist) 04 March 2011
the Amendment in 2005, which relates to ancestral property, also has no application to the instant case. . . . Can I get the relevant ruling. I have no words to express my thanks Mr R. Ramachandran
R.Ramachandran
(Expert) 04 March 2011
The Act itself is quite clear. There is no need for any ruling.
