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Gavisiddu (sales executive)     14 August 2010

Hindu succession act 1956

Is Lady born before 1956 liable for property for father's property under Hindu Succession Act 1956.



Learning

 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     14 August 2010

A daughter is a class I heir of a hindu and so is entitled to equal share in her father's property.

Rajeev kulshreshtha (advocate)     14 August 2010

After the amendment the female has equal share in property as male have.


(Guest)

In my opinion the Female members born before the enactment (17 - 06 - 1956) will not get the share in HUF property,  provided that you have sufficient documentary evidence to prove it. Here I am not talking about female co-parcenors. 


The State Legislation or Amendment to HSA had been automatically repealed, once the Central Statute came in to force. Hence, the married and un married daughters have equal right in the property that of a son. The legal heirs of the female members, who are born before the HSA of 1956, cannot claim the share, if the property titles stands in the name of your father and his brother. Please contact the best solicitor, dealing in property matters with all the documents.


Say as an illustration the law of succession in the Southern part of India is based on the Mithakshara school of family law and whereas it is on the lines of Dayabagha school of law.  I am not very familiar with Dayabagha, which deals with the properties in a different manner.
However, in my opinion the female heirs born after 1956 does not have any right, title and interest in the properties, had it been alienated or conveyed or partitioned through registered partition deed. The presented brief is not tenable in law.  My views are also based on the fact of the recent judgement from the High Court of Karnataka indicates that the female legal heirs born before the enactment will not have any claim or share in the HUF properties.  Please refer to the judgment dated 19-3-2010 by Justice N.Kumar by searching the HC of Karnataka website.


I however like to be further  corrected by knowledgeable ld. members familiar with HSA , 1956.

Monish Nilwant (Lawyer)     15 August 2010

plz correct me if i am wrong with my limited experience of proeprty laws my understanding of hindu law is as follows..

era prior to HSA 1956 ..women did not have right in HUF property they coulf not ask for a shre in property.....they were merely entitled to enjoy it jointly...


after enactment of HSA 1956.... post 1956 ......... notional partition theory came to be recognised...which means females did have limited share in the HUF proeprty but they could not claim any partition by their own .....they were dependent on the male members to obtain partiton of shares.....


but in maharashtra in 1994 state gvt amended the act ....gave equal status to women in HUF proeprty and they colud also ask for partition.......

later in 2005 central govt amended HSA and ....women all over the country were given equal rights with men in HUF ....now therefore in terms of all rights to property ....wome r treat equally with men...

so there in case of hindu law there r threee periods pre 1956 era....post 1956 and post 2005

if any1 els has any other interpretation of the law u shld shre wih allll....

 

adv monish nilwant...thnxxxxxxxxxx


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