Proposed amendmends to the Hindu Succession Act,1956 -February 2008.

You have omitted to mention the State in which the governement proposes to bring the amendment in The Hindu Succession Act, 1956?

These amendmends are issued by the govt of India, the text does not mention any particular state. the text is available on www.lawcommissionofindia.nic.in. My query is related to women resident of state of Maharashtra.

proposed amadment in  hindu succession act is dangerous one .. it gives all power to daughter  to disrupt whole family. it will ruin the basic concept of hindu law

there in no provision under the hindu succession act 1956 to compel your dad to give property to you if it is his self acquire property. you can file petition under th e hind adoption and maintanence act for your maintanence. if it is a coparceranery  pproperty you can file petition for partition except dwelling house. also check relavent  provsions  before moving ahead.

Well said Jitu Ji........ Long live Son-in-laws....let all the sons suffer.....

 Hi, I have a query on the Hindu succession act.


A lives in MAHARASHTRA.
A  has been living with his maternal Grandfather since his parents

expired in 1993.

The court had appointed A’s maternal Grandfather as his legal guardian.

As of today, A is 24 years of age.

A’s maternal grandfather expired in 2009 leaving behind following

heirs:

1) His Wife(A’s maternal Grandmother).

2) His son (A’s maternal uncle).He is married(in 1980s).

3) His first daughter(A’s maternal aunty).She is married(in 1980s).

4) His second daughter(A’s Mother). She expired in 1993.     

A’s maternal Grandfather has left behind following property

1) Movable assets : Savings and FD accounts.

2) Immovable assets : flats.

A’s maternal grandfather has not left any will(Intestate). So being the

son of a pre-deceased daughter(A’s mother in this case), is A eligible

for a share in the above said property of his maternal grand father as

per the Hindu Succession Act. If yes, what role will he play I mean

what would be his rights in this case.

i.e After the death of A's maternal grandfather who will come into

picture as the legal heirs(from the list mentioned above) and how will

be the property be divided among them. Will each of them have equal

share?

IMP NOTE: THis case is in Maharashtra state. So does Maharashtra have a

separate act for intestate succession or is it that the SC act will be

given the highest priority.

  Please clarify, this is very urgent. Thanks in advance.

 

HINDU SUCCESSION (AMENDMENT) ACT 2005

THE HINDU SUCCESSION (AMENDMENT) ACT, 2005 NO. 39 OF 2005

[5th September, 2005.]

An Act further to amend the Hindu Succession Act, 1956. BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:-

1. Short title and commencement.-(1) This Act may be called the Hindu Succession (Amendment) Act, 2005.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. Amendment of section 4.-In section 4 of the Hindu Succession Act, 1956 (30 of 1956) (hereinafter referred to as the principal Act), sub-section (2) shall be omitted.

3. Substitution of new section for section 6.-For section 6 of the principal Act, the following section shall be substituted, namely:-

'6. Devolution of interest in coparcenary property.-(1) On and from the commencement of the Hindu Succession (Amendment) Act, 2005, in a Joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall,- (a) by birth become a coparcener in her own right in the same manner as the son; (b) have the same rights in the coparcenary property as she would have had if she had been a son; (c) be subject to the same liabilities in respect of the said coparcenary property as that of a son, and any reference to a Hindu Mitakshara coparcener shall be deemed to include a reference to a daughter of a coparcener: Provided that nothing contained in this sub-section shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before the 20th day of December, 2004.

(2) Any property to which a female Hindu becomes entitled by virtue of sub-section (1) shall be held by her with the incidents of coparcenary ownership and shall be regarded, notwithstanding anything contained in this Act, or any other law for the time being in force, as property capable of being disposed of by her by testamentary disposition.

(3) Where a Hindu dies after the commencement of the Hindu Succession (Amendment) Act, 2005, his interest in the property of a Joint Hindu family governed by the Mitakshara law, shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship, and the coparcenary property shall be deemed to have been divided as if a partition had taken place and,- (a) the daughter is allotted the same share as is allotted to a son; (b) the share of the pre-deceased son or a pre-deceased daughter, as they would have got had they been alive at the time of partition, shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter; and (c) the share of the pre-deceased child of a pre-deceased son or of a pre-deceased daughter, as such child would have got had he or she been alive at the time of the partition, shall be allotted to the child of such pre-deceased child of the pre-deceased son or a pre-deceased daughter, as the case may be. Explanation.- For the purposes of this sub-section, the interest of a Hindu Mitakshara coparcener shall be deemed to be the share in the property that would have been allotted to him if a partition of the property had taken place immediately before his death, irrespective of whether he was entitled to claim partition or not.

(4) After the commencement of the Hindu Succession (Amendment) Act, 2005, no court shall recognise any right to proceed against a son, grandson or great-grandson for the recovery of any debt due from his father, grandfather or great-grandfather solely on the ground of the pious obligation under the Hindu law, of such son, grandson or great-grandson to discharge any such debt: Provided that in the case of any debt contracted before the commencement of the Hindu Succession (Amendment) Act, 2005, nothing contained in this sub-section shall affect- (a) the right of any creditor to proceed against the son, grandson or great-grandson, as the case may be; or (b) any alienation made in respect of or in satisfaction of, any such debt, and any such right or alienation shall be enforceable under the rule of pious obligation in the same manner and to the same extent as it would have been enforceable as if the Hindu Succession (Amendment) Act, 2005 had not been enacted. Explanation.-For the purposes of clause (a), the expression "son", "grandson" or "great-grandson" shall be deemed to refer to the son, grandson or great-grandson, as the case may be, who was born or adopted prior to the commencement of the Hindu Succession (Amendment) Act, 2005.

(5) Nothing contained in this section shall apply to a partition, which has been effected before the 20th day of December, 2004. Explanation.- For the purposes of this section "partition" means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court.'.

4. Omission of section 23.-Section 23 of the principal Act shall be omitted.

5. Omission of section 24.-Section 24 of the principal Act shall be omitted.

6. Amendment of section 30.-In section 30 of the principal Act, for the words "disposed of by him", the words "disposed of by him or by her" shall be substituted.

7. Amendment of Schedule.-In the Schedule to the principal Act, under the sub-heading "Class 1", after the words "widow of a pre-deceased son of a pre-deceased son", the words "son of a pre-deceased daughter of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased daughter; daughter of a pre-deceased son of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased son" shall be added. ---- T. K. VISWANATHAN, Secy. to the Govt. of India. {}