Succession act
Querist :
Anonymous
(Querist) 15 December 2011
This query is : Resolved
Whether the children of daughters (who have died before 2000) have share in grandfathers ancestral property? If yes to what extent?
My grandfather (mother's father) died in 1990. He was survived by eight children A to H. Out of which A,E and H are daughters.
A, E and H all have expired and survived by their children. All the sons of grandfather are alive. I am son of E. In 7/12 document all A to H are listed as heirs.
The ancestral property is to be sold now. What will be my share in the property?
Will the 2005 amendment apply in this case?
M.Sheik Mohammed Ali
(Expert) 15 December 2011
if the said property is ancestral property then all the legal heirs entitle to share the property as per law.
Nadeem Qureshi
(Expert) 15 December 2011
No amanded act will not be apply here. because the Hindu male/grandfather died in 1990.
all property(ancestoral Proprety) divided according to surviouvership
Nadeem Qureshi
(Expert) 15 December 2011
No amanded act will not be apply here. because the Hindu male/grandfather died in 1990.
all property(ancestoral Proprety) divided according to surviouvership
Querist :
Anonymous
(Querist) 15 December 2011
Dear Mr. Qureshi,
Thanks for your reply. However there is no registered partition or court decree present in this case till date. The property is to be partitioned now. Does it matter when our grandfather died? Why such injustice to daughters? Few of my maternal never took care of my grandfather and he had to die in court fighting cases against his own sons. The daughters and one maternal uncle took care of my grand parents. It will be a pity of these people walk away with giant share in property without taking care of parents.
The proviso to the amendment (I know because I am studying various cases via internet)clearly states that the amended law will not be applicable if there is no registered partition in place prior to November 2004 and neither there is a court decree prior to November 2004 and property is not yet disposed off. Amended law gives
equal right to daughters by birth effective 2005 whenever they are born irrespective they are married or not.
Kindly clarify as different lawyers have given different advise.
Thanks.
Querist :
Anonymous
(Querist) 15 December 2011
Dear Mr. Qureshi,
I am reproducing below an article from this website written by Adv. Ambrish Tiwari MBA LLb.
Q U O T E ---
Gone are the days when daughters were dependent on mercy their male relatives for their share in the ancestral property. I am referring the finding of Supreme Court in case of Gaduri Amma & other Vs Chakri Yanadi & others Civil Appeal 8538 / 2011 dated : 12th October 2011.
The finding of the case law as under which any body can understand by simple understanding to law : -
1) Inheritance under Hindu Law is governed by Mitakshara Law through Hindu Succession Act, 1956 which is substituted by Hindu Succession (Amendment) Act, 2005 w.ef. 9th September 2004.
2) After this amendment the Hindu daughter has equal right in the ancestral property as good as a Son can have. Rather, it is true that in eyes of Law daughter and Son have exactly equal rights and share in property.
3) The marital status of daughter does not have any effect to her rights in ancestral property. (Married or unmarried or divorcee or deserted daughters have equal rights ..marital status does not have any impact in this regard.)
4) If a daughter dies before partition of ancestral property, then her children will have equal rights in property which the deceased daughter can enjoy as if she would be living.
5) Remember, the Mitakshara Law after amendment of 2005 (as above) will not effect in following conditions which means the daughters will not have rights under following conditions :
- Partition took place by registered partition deed before 20th December 2004.
- Court has passed the final decree on property division before 20th December 2004.
6) If a preliminary decree is passed in a partition case but final decree is not passed then the preliminary decree can be amended and a second preliminary decree can be prepared in light of amendment 2005. There is no confusion in this regard now and question of amending the preliminary decree is settled by this Judgment.
7) This judgment or amendment in Hindu law will no way give any right to sue the sons/father/ grand father for division made prior to passing of this Act because this amendment is not having retrospective effect.
It is very useful law for common public and people should be made aware specially daughters who should know their rights protected by Hindu Law.
Ambrish Tiwari
MBA, LL.B.
U N Q U O T E ---
Sir, please clarify whether amended act will apply because it seems from amended law that it is not important when the succession has started but whether proviso conditions are not met or not
