Vijay Kumar (Bsc) 20 August 2009

Women Equal Rights

Dear Sir,

My Grand Father has 2 sons and 3 daughter who all got married in 70's .My Grand Father has a property (House) purchased on 1965 and died in 1989 in chennai without making a will.

According to Tamil Nadu Act

1) Will Daughter get the equal rights to the property?

2) I read some article that according to 29A class(iv) nothing in this Chapter shall apply to a daughter married before the date of thecommencement of the Hindu Succession

3) If i go court, what i need to be done?

4) what is the cost ?

5) how many year it gets to solve?

Thanks in Advance

Reply Follow

4 Replies

Adv. Deepak (Advocate) 20 August 2009

Dear Nikhil Verma, The correct reading of S.29A (iv) is "nothing in this chapter shall apply to a daughter married before the date of commencement of Hindu Succession (Tamil Nadu Amendment) Act 1989. The effective date of this amendment is 25th March, 1989. So a daughter married before 25th March 1989 will not be eligible for equal rights. However, a daughter married after 25th March, 1989 will get equal rights in the property. You have to approach the Hon'ble Civil Court and ask for probate. All the heirs of the deceased are required to be made party to the proceedings. If you need more information, please contact ddkharpudikar@indiatimes.com Regards.

Vijay Kumar (Bsc) 20 August 2009

Thanks for Reply....

Vijay Kumar (Bsc) 21 August 2009

Dear Sir,

My Grand Father died on 1992 not 1989 i.e after the amendment.......this will impact any implication in partitation.

Thanks

Adv. Deepak (Advocate) 22 August 2009

Dear Nikhil Verma, Your grand father died in 1992, i.e. after the amendment. So the succession will be governed subject to Section 29A(iv). It will not have any implication in partition. If he would have died before 1989, then it would have te impact. Regards.