Hindu succession act
Shilpa
(Querist) 29 October 2014
This query is : Resolved
Will some one please explain the below interpretation in simple language -
"where a Hindu dies after the commencement of The Hindu Succession (Amendment) Act of 2005, his interest in the property of a Joint Hindu Family governed by the Mitakshara Law, shall devolve by testamentary or intestate succession under the Act and not by survivorship, and the coparcenary property shall be deemed to have been divided as if a partition had taken place."
adv. rajeev ( rajoo )
(Expert) 29 October 2014
It is very simple. If hindu dies intestate his class I legal heirs will get equal share in his property.
Female being the co-parcener she will be entittled for equal share in the share of her father in ancestral properties.
V R SHROFF
(Expert) 29 October 2014
WE DO NOT REPLY ACADEMIC QUERIES.
NOT A COLLEGE OF LAW HERE..
Shilpa
(Querist) 30 October 2014
Thank u Rajeev ji... so kind of you...
Secondly, whether this principle applicable to Ancestral property also ?
Facts of the case is as follows :
We are going to buy certain agricultural land which is Ancestral in nature, so, do we need to take consent of all three generation or class I heirs ?
venkatesh Rao
(Expert) 30 October 2014
Facts of your case reveals that it is a rule of prudence to obtain consent to avoid future complications.
Devajyoti Barman
(Expert) 09 November 2014
academic queries should better be avoided.
Anirudh
(Expert) 09 November 2014
Dear Shilpa,
You raised the question of purchasing the agricultural land in another thread http://www.lawyersclubindia.com/experts/Ancestral-property-501961.asp#.VF8RIGdw6fs
also and got answers. But, for some strange reasons, you are raising the query in different manners in different threads.
I think that you are looking for an answer which is suitable to you, rather than a an answer which is legally correct.