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sanjay (student)     09 March 2008

HINDU SUCCESSION ACT(AMENDED),2005

HELLO,

can any one let me know that as per the amended hindu succession act(amended)2005,females too become coparceners,and if she is eldest member then she is also the karta of the family,but what happens after the karta gets married, what is the status of her in her parental house ,is she still karta and coparcener of it.are there any recent judgements by high court or supreme court(I think although not sure the orrisa high court has given the judgement)



Learning

 5 Replies

P.V.Poornima (Lawyer)     09 March 2008

The amended act removes this discrimination by amending Section 6. It gives equal rights to daughters in the Hindu Mitakashara coparcenary property and declares that the daughter of a coparcener shall also by birth become a coparcener in her own right; the same manner as the son has. She will have the same rights in the coparcenary properties as she would have had if she had been a son and will be subject to the same liabilities in respect of the said coparcenary property as that of a son.

Any reference to a Hindu Mitakashara coparcener shall be deemed to include a reference to the daughter. The daughter, as coparcener, can will away her share in the coparcenry property in the same manner as a male coparcener. Intestate or testamentary succession will be governed by the new law, by deeming a partition and allotting the daughter the same share as allotted to a son. Such succession will not be governed by the law of survivorship hereafter.

The amendment act does not make any distinction between married and unmarried woman and hence she continues to be the coparcener even after marriage.

anil kumar (service)     09 March 2008

I do agree that as per the Hindu Succession (amendment) Act, 2005 a daughter has the same rights as of a son in the coparcenery property and is entitled to a share on partition but she cannot act as Karta after her marriage as she would be deemed to be member of the HUF of her Husband as per the Hindu Law. The amendment Act nowhere state that she can act as Karta. Somebody can further elaborate on this point to remove the ambiguity.

raghuvir (civil engnieer)     02 September 2009

can any one give mi solution of my problem my wife has got two sisters one of them is maried and one unmarried and a brother who is acting as karta of their H.U.F MY father inlaw died in1997 there is no partition has been done till today the property is ancestrial  this is 4th generation of our children we stay in maharashtra my Q ARE

 Whether my wife can demand partition in dwelling house of father2 what will be the share 3 is 2005 amendmendment is applyicable to my case 4  what are the references

 

raghuvir (civil engnieer)     02 September 2009

 also  tell me is the amended law2005 has retrosptive effect for married daughters daughter to get the coparsence  righ by birth if any partition is not done  till today

ak05 (nil)     27 March 2010

 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.

 


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