Ganesh (Engineer) 14 August 2009

Hindu Joint family Property share for women children

Sirs,
Family is a Hindu joint family. 10 Children (4 brother 6 sisters)

There are 2 properties (Agricultural land + Residential land where the familt lives). Agricultural land was purchased by father in 1947 and father died in 1961. Mother died in 1989.

Elder son (a teacher) became the karta and passed away in 2003. Second elder son (doctor) became karta and is still managing tthe property. The partition of property never occured. however the "patta" of the agri land is on 4 brothers jointly.

All the 6 sisters are illiterates and are married. 2 of them already expired. There has been discussions about partition and share of properties etc. but never happened.

The question is:

According to the 2005 amendment of The Hindu Succession act, can the women chiildren get the equal share from the agricultural land and other proporties?

Is there anything in the long history can affect their right for the share?

As the women are illiterates, they dont even know their right and are begging for some thousands to their brothers who are not willing to give anything.

Appreciate your answer and clarification.

Thanks

Ganesh

Reply Follow

3 Replies

Deekshitulu.V.S.R (B.Sc, B.L) 19 August 2009

Mr Ganesh

By virtue of the Amendment brought to the Hindu succession ACt, 1956, The women are put in par with sons and they are also coparceners, whether marries or not.

The only exception to this right is that there shall not be registered partition by 20-12-2004,

I n case there is no such registered partiton then the women can raise their voice and the children of the deceased women can claim. This is my opinion.

Ganesh (Engineer) 19 August 2009

Thank you for the clarifications Mr.Deeksh*tulu.

There is an agricultural land and is a separate property. According to 1956 HSA, agricultural lands are in exception and will be governed by the tenurial laws of tamil nadu in this case. Was there any statelevel law in TN to restrict women on agricultural lands?

We beleive that the succession took place by 1962 when the father died.

If there was no partitiion, by 1989 TN excluded married women out of rights. but we are not sure that this for all properties including separate property.

As you said rightly, 2004 amendement gives back that right but again on coparcenary property. it didnt touch the separate property. It also cannot impact any form of alienation effected before 2004. In this case, mutation may be considered as alienation?

Ram (Practice) 28 August 2009

Sir,

In Case there is Will for the property and Will is effected beore 2004 then what will happen to the daughter to claim the property and whether the "Will" is considered to be partition that has happened?