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rajeev mishra (student)     12 September 2013

Sucession of property

whether a daughter(mitakshara family)  can get coparcenery in agricultrual land or not as per hindu succession 2005 amendment act .


 7 Replies

vijay.k (advocate)     12 September 2013

Yes, as per amendment act daughter will get equal share in the coparcenary property (mitakshara family) as like that of sons. Subject to condition that father must alive at the time of commencement of act and also the coparcenary property should not be alienated before the commencement of act by way of any registered instrument or court decrees. But these conditions will not applicable to self acquired property of father.

1 Like

Dr. Jyothi Vishwanath (Associate Professor of Law)     12 September 2013

She can get even in agricultural property.

1 Like

rajeev mishra (student)     13 September 2013

.........indian succession amendment act is enacted by parliament but agricultural land is matter of state list,then how can parliament can make rule in this regard in normal circumtances

Dr. Jyothi Vishwanath (Associate Professor of Law)     13 September 2013

Hindu Succession Act 1956 itself is central enactment. If the State wants it can introduce amendment to this law or the 2005 enactment. 

kotaruraghu (advocate)     14 September 2013

central enactment will prevail over the state enactment and no dought that the daughter is treated equal to son and will get equal share in the property

Raghavan (Consultant)     23 September 2013

It depends. Because in Tamil Nadu, if the daughter is married prior to 1989 amendment Act, then she is not eligible. Also, Amendment to an Act cannot be retrospective!

date of birth and place is of prime importance

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