Respected Sir,
I have a question about Karnatak High court order dated 19/03/2010 Justices N Kumar and A N Venugopalagowda on The Hindu Succession(A) Act 2005 providing equal rights to daughters by birth on or after 17/06/1956.
We consulted 2 to 3 Lawyers are saying that this is law is void and it has no consideration due to some SC orders before this order came.
Is this is the right opinion? or Is the order passed Houn'ble Hight Court is still valid to fight a case with respect Female rights?
Are there any chances that daughters born in HUF before 17/06/1956 will also get the share in the undivided property?
Please answer my doubts and help me in this regard sir.
Regards
Deeepu
Are there any chances that daughters born in HUF before 17/06/1956 will also get the share in the undivided property?
Yes Date of birth of any female makes no differences 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.
Above said means if the partition of the property had been taken place before 20 dec 2004 only then she can not claim.
They have the right to fight for the cases pending before the court for partition.
Thanks for the reply sir. What about my first question sir? Is the order passed Houn'ble Hight Court is still valid to fight a case with respect Female rights?
Thanks for the reply Madam, there is a case pending about the same which is filed in 2007 but according to the High court order DOB is considerable. What if the female DOB is earlier than 1956?
Deepu I didn't gone through the case you are talking about but surely you are missing something
Kindly answer my doubt whether Females born before 17/06/1956 can claim the share in the undivided HUF property?
where you find that the Hon High Court mentioned age limit??????????
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
The only one thing should be taken into consider , " the partition took placed before 20-12-2004 or not"
My father Bought a property in New Delhi in the year 1950. There was no HUF . In 1953 he formed an HUF without any proper method aand later threw the property in HUF , which was converted after lot of resistence of the concerned Deptt. No HUF funds were used .He died in Aug 2000 ..Before his death he had made a will and had handed over the property to his two sons . He clearly wrote in the will that the property was self acquired and he had bought it from his personal funds . He willed the property to his two sons . Now Hindu succession act came in 2005 effective from Dec 2004 . We have given the will for probate and is about to be probated . What is the status of the property . Do the daughter also have a right in the property now . In 1953 he made a HUF which clearly stated that the daughters cease to be the members once they are married . Please throw some light in the said context Thanks