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D.Das (VP)     05 October 2013

2005 hsa amendment

As per the provision (to Section 6) of 2005 HSA amendment if there is a testamentary disposition before December 2004 then the old law would prevail for those properties covered under the Will.

In my case there is a Will of my mother fulfilling this criteria. My father died intestate in 1994 and my mother died in October 2004 leaving behind this Will which has been probated.

I want to know if for all the ancestral properties of my father the old law will be applicable or the 2005 amended law as far as my 2 sisters shares are concerned? Or is the testamentary disposition proviso is valid ony if the Will is of the Coparcener (here my father)? My father did not have any brother or sister.



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 2 Replies

T. Kalaiselvan, Advocate (Advocate)     06 October 2013

"The Amendment brought by Hindu Succession (Tamil Nadu Amendment Act, 1989 made the daughters, who were not married on the  commencement of the said amendment alone as coparceners and those who were married before the date of commencement of amendment were not entitled to the benefit of amendment.

The said amendment has now been replaced by a similar provision by the central act, namely Hindu Succession (Amendment) Act, 2005.  The Said amendment was not given retrospective effect.)

D.Das (VP)     06 October 2013

Ganduri Koteshwaramma & Anr. vs Chakiri Yanadi & Anr. on 12 October, 2011

 

If you go through the above judgement, the impact of the amendment is retrospective as far as the non-partition of properties go. However, my question is slightly different and is relatred to the Central Amendment of HSA in 2005. The Proviso talks about the testamentary disposition before Dec 2004 makes the new section 6 not applicable. So in my case my sisters should get their shares as per the old Act (pre-maendment clauses) and not as per the Amemded clauses. Is my understanding correct? 


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