The Hindu Succession (Amendment) Bill, 2004
Shailendra Kumar
(Querist) 19 July 2009
This query is : Resolved
Please clear this Statement in Sec 6:
Provided that nothing contained in this sub-section shall affect or invalidate
1 any disposition or
2 alienation including any partition or
3 testamentary disposition
of property
which had taken place before the 20th day of December, 2004.
My query: This statement is in reference to a property or a Married daughter got married before the inactment of this Law.
Here "Disposition" word generate confusion.
Y V Vishweshwar Rao
(Expert) 19 July 2009
It is inrespect of the Transactions on the proerty prior to the date !
A V Vishal
(Expert) 19 July 2009
Shailendra
The clause is cyrstal clear stating that disposition or alienation of property, property does not means daughter, so obviously it is referring to the moveable and immoveable property. I think there should be no confusion regarding the word disposition.
Kiran Kumar
(Expert) 20 July 2009
Vishal is right....whatever transactions done qua the properties before the said date are not affected.
no matter the daughter got married prior to the said date, if the partition is being made now, then she can ask for her share.
suddenly a lot of queries in this context are coming.....aah Property.
Deekshitulu.V.S.R
(Expert) 20 July 2009
Right Mr Y.V and Vishal. As far as Partition of property is concerned the clauses in the section are very clear that it should be registered before the notified date. Irrespective of whether a female is married or not the Act applied. In thatevent all the partitionsuits pending in courts of India have to be watched and the court is to pass an appropriate decree. The daughters have to be added or their share has to be worked out. It is not?
Deekshitulu.V.S.R
Shailendra Kumar
(Querist) 20 July 2009
What papers are required from a married daughter to object any sale deed of property ? To file objection, a civil case is essential ?
Shailendra Kumar
(Querist) 20 July 2009
How a daan patra (Gift Letter) effect the share of a married daughter? Issuing of daan patra in favour of few sons is valid paper treated as a will?
A V Vishal
(Expert) 20 July 2009
THE DAUGHTER MUST FILE A SUIT FOR PARTITION OF THE PROPERTY, FURTHER IN ORDER TO WARN THE PURCHASERS OF THE FACT SHE MUST ADVERTISE THE SAME IN FORM OF A LEGAL NOTICE BY AN ADVOCATE IN 2 LEADING NEWSPAPERS LARGELY CIRCULATED IN THE AREA, ONE IN ENGLISH AND THE OTHER IN THE VERNACULAR LANGUAGE. TO THE SECOND PART OF YOUR QUERY REGARDING DAAN PATRA, SINCE THE PROPERTY INVOLVES IMMOVEABLE PROPERTY, THE SAME SHOULD BE REGISTERED, IN CASE IT IS NOT REGISTERED THEN IT CAN BE TREATED VOID. GIFT DEED AND WILL ARE TWO DIFFERENT DOCUMENTS, THE GIFT DEED CANNOT BE TREATED AS A WILL.
Shailendra Kumar
(Querist) 20 July 2009
If gift deed is not registered before the inactment of this amendment, it will treated as void. is it OK.
Shailendra Kumar
(Querist) 20 July 2009
What documents will be needed to file a suit? The property is in 24 PGS North, West Bengal.The lady belongs to UP after marriage. So the place for suit will be Civil Court of 24 PGS North, West Bengal. Plz list the needed documents for filing the case suit.
sanjeev murthy desai
(Expert) 20 July 2009
Dear Shailendra Kumar,
Un registered gift deed cannot confirm any title. The Registration Act, section 17 clarify that gift deed should be registered.
sanjeev desai
