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suresh mittal (sr manager)     19 November 2009



if the deceased had left him surviving a female relative specified in class I of the Schedule or a male relative specified in that class who claims through such female relative, the interest of the deceased in the Mitakshara coparcenary property shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship.---



(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 the 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;--------

Can any body clerify the difference between old and new provisions with regard to entielement of  females right to share in the  copacenery property ?

 what is the position with respect to self acquired property?

kindly  share judgements of supreme court in this matters if any  .

sc mittal



 6 Replies

Adv Archana Deshmukh (Practicing Advocate)     19 November 2009

 A daughter was not a coparcener in joint hindu family property, but would inherit as a class I heir in her father's share after his death. But the amendment of 2005 to the HSA changed her status to that of a coparcener and a daughter would share equally along with the father and sons in the undivided JHF property. A daughter is now a coparcener by birth in her own right.

The position in respect of the self acquired property is same, a daughter is a class I heir along with wife, mother and son.


kailas naik (lawer)     13 December 2009

can any body tell how hindu succession act changed i.e 1956,1994 in maharashtra &2005 with examples and citations of s.c.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     13 December 2009



Earlier the right of the girl was upto her marriage and thereafter it seize.

Now it exist even after marriage.

This the major change.

anything else.?

ak05 (nil)     27 March 2010

Originally posted by :kailas naik
" can any body tell how hindu succession act changed i.e 1956,1994 in maharashtra &2005 with examples and citations of s.c. "

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

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


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


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.

sandip (lawyer)     20 June 2012

hindu husband can get share in died intestet property of wife

Pooja (Na)     18 July 2013


Regarding Hindu Succession act amendment 2005 I had a few questions:

My father died in July 2005 post which my brother acquired our ancestral property (50 acres of land and a house).On demanding my share he refuses to talk to me about it.

I wanted to know as per the amendment 2005 will get a share in the ancestral property if

1.My father has died before 2005?

2.I was born in 1953?

3.I was married around 1976?

Thanks much,


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