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Janaki (Student)     04 November 2013

Partition of self acquired property

An old man had a self acquired property. He died in 1989 leaving behind 4sons and a married daughter. daughter got married before 1986. Till 2013, that self acquired property has not been divided among the brothers. Now they want to share the property. As the daughter got married before 1986, can she also get right in the property division? will the Hindu Succession (Andhra Pradesh Amendment) Act, 1986 will prevail, which excludes daughters married prior to 1986 or HSA 2005 overrides the state act? Please advice



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 1 Replies

T. Kalaiselvan, Advocate (Advocate)     04 November 2013

Janaki,

Please note that both the acts referred to herein above in your query will not apply to this case because basically it was the self acquired property of the old man who died intestate leaving behind his sons and daughter as his successors to succeed all his estates .  Therefore all his class I legal heirs are equally entitled to their legitimate share in the property left behind by their father.  An equal partition of the property will the only legal solution if there is no compromise/understanding arrived among all the heirs in this regard. 


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