womens share in huf property in karnataka
Querist :
Anonymous
(Querist) 07 April 2010
This query is : Resolved
There is an HUF(the family of lateMr.X) consisting 2 male members and 2 female married members and 1 un married female member.
Late Mr.X, got the agriculture and house property from his father, after his father`s death.
X had five children.(1) Eldest son is now(2010) 58 years old,(2010)(2) second is daughter, 56 years old(2010) married in 1974, (3)third is daughter,54 years old, married in 1978,(4) fourth is daughter,51 years old(2010), un married( till 2010) and 5) fifth, son 50 years old.
Mr.X died, in 2000, without making any testament. As the daughter no.2 and no.3, got married before 1978, the other three member of HUF entered into a registered partition deed in 2000. No.1,son, No.4,un married daughter, and No.5,son.
The query is: The other two married daughters, married before 1978, before the death of their father in 2000, have any right or claim over the property now in 2010, after the execution of registered partition deed?
B K Raghavendra Rao
(Expert) 08 April 2010
As the partition deed is defective in not sharing the property with two married daughters, they may raise a dispute now. Since, partition is being sought now, the earlier law does not hold good and they would get equal share in the property along with others. The Registered Partition deed need to be challenged.
Raj Kumar Makkad
(Expert) 08 April 2010
Law prevalent at the relevant time of death of the father of legal heirs shall prevail while dividing the property in question. Both the married daughters have also share in the properties mentioned in the query and they may get it by challenging the partition deed executed by remaining 3 legal heirs of their father.
Querist :
Anonymous
(Querist) 12 April 2010
Dear Mr.Rao and Mr.Makkad,
Thanks.
The registered partition took place in 2000, before the amendment to HSA,2005. The act is clear in terms of transactions completed before the cut off date 24-12-2004. The dispositions, alienations and partitions are valid and cannot be re opened. In such a situation, how can the partition deed become defective?
The Amended Section 6 makes it clear that the Act is retrospective, but from the date of its enactment. i.e., 17-6-1956(HSA) The latest high court judgement dated 19-3-2010, by Justice N.Kumar, has exhaustively dealt in detail, states that though the right accrues to a women from the date of her birth, but it is from the date of enactment of HSA(17-6-1956) and those who are born before do not have any right in the coparcenary property.
refer: RFA 326 OF 2004 KARNATAKA HIGH COURT
I am confused and hence this query.
Please enlighten this issue.
1) What is the status of the women who were born before the enactment of HSA(17-6-1956)
2) What is the status of the transactions completed between 17-6-1956 to 24-12-2004, through a registered partition deed. The properties are alienated(sold) Only a portion of one of the coparcenar remains in his name as private property. The registered partition deed was duly executed in 2000.
Querist :
Anonymous
(Querist) 12 April 2010
Dear Mr.Makkad,
Thanks.
Father died in 2000. The Karnataka has amended the HSA Act and is explicitly clear in 1990,. when the amendment was brought in, states that married daughters,(married before the amendment in 1990) are not eligible for a share.
The registered partition deed was executed in Dec,2000, soon after the demise of the kartha. As the property and the parties were the residents of Karnataka, the amended HSA will prevail and apply.
I need your opinion and views in this regard.
Regards,
AN
Will the other two daughters get shares?
Querist :
Anonymous
(Querist) 12 April 2010
To
Mr.Makkad,
Please find the HSA amended in karnataka,1990,got the assent of the President in 1994.
