Is the 1970 married women having equal property right ????


Is the 1970 married Women having equal property right ???? 

Is that possible to recall the wrongly divided property ??

 Story is :- Person pasted away in 1986  and he does not made any will , he has 8kids ( 2 younger illitrate sons ( but Major ) and 6 elder daughters ) , property was divided in to equal share , is the grand son able to file a case against them ? is that possible to retrain the property ? can any body help on this

 
Reply   
 
FIN

Which persoanl law applies in this case e.g; Hindu?

The property is self acquired/HUF/ancestral?

The property is in which state?

Is it rural/agriculural/urban?

 

 

 

 

 
Reply   
 



Which persoanl law applies in this case e.g; Hindu?

Yes ... Hindu

The property is self acquired/HUF/ancestral?

Self Acquired ( 90% ) and Ancestral ( 10% )

The property is in which state?

Tamil Nadu

Is it rural/agriculural/urban?

Agricultural lands + Residential house

 
Reply   
 

Is there any chance to retain the property ??

 
Reply   
 
FIN

Hindu Succession Amendment (2005) Act: The daughter has equal share in self acquired property. If father/daughter or both have died before 2005, daughter does not have share in ancestral proeprty.

 

 

 
Reply   
 
Advocate

Hindu Succession Amendment (2005) Act: The daughter has equal share in self acquired property. If father/daughter or both have died before 2005, daughter does not have share in ancestral proeprty.

The Supreme Court has said that the 2005 amendment in Hindu law will not give property rights to a daughter if the father died before the amendment came into force.

The court held that the amended provisions of the Hindu Succession (Amendment) Act, 2005, could not have retrospective effect despite it being a social legislation. The court said the father would have had to be alive on September 9, 2005, if the daughter were to become a co-sharer with her male siblings.

The Hindu Succession Act, 1956, originally did not give daughters inheritance rights in ancestral property. They could only ask for a right to sustenance from a joint Hindu family. But this disparity was removed by an amendment to the Act on September 9, 2005.

The apex court judgment has now added another disqualification for women regarding their right of inheritance. Until now, they could not ask for a share if the property had been alienated or partitioned before December 20, 2004, the date the Bill was introduced. This judgment makes it imperative for the father to have been alive when the amendment came into force.

The court also held that alienation of ancestral property, including its partition, which may have taken place before December 20, 2004, in accordance with the law applicable at that time, would remain unaffected by the 2005 amendment, and those partitions can no longer be reopened by daughters.

 
Reply   
 
Advocate

I had added Kumar Doab sirs point as additional to my reply.


 
 
Reply   
 
FIN

You are welcome Mr.L.K.Saravanan.

Fruitful interactions, value additions  in future are also welcome.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Forensics & Evidence     |    x