Partition
basavaraj shiromani
(Querist) 23 September 2012
This query is : Resolved
Sir,
Please analize the Sec 6 of the amended Hindus Succession Act 2005.
As per Sec 6:
6(1) On and from the commencement of the Hindu Succession (Amendment) Act, 2005, in a joint Hindu Family governed by the Mitaxara law, the daughter of a coparcener shall---
(a) by birth become a co parcener in her own right in the same manner as the son.
Here in the beginning it is said that-- on and from the commence of the amended act, whether the daughter gets her rights as a co parcener ? or she should be born after the amended act to become a co parcener ?
according to me the law itself is very clear that the daughter gets her rights from the amended act and she can claim partition whenever she may have born. but in a recent decision from Baombay HC AIR Bombay at page 101 Ms Vaishali Satish Ganorkar and another V/s Satish Keshorao Ganorkar and others it is held that - daughters born after 9-9-2005 would be co parceners by virtue of birht. In this decision there are so many remarkable decisions were discussed, but the approach is little bit in confusion. If you read and go through the Judgment of AIR 2008, Orrissa at page 133 between Parvat chandra Pattanaik and others V/s Sarat Chandra Pattanaik and another it held that Daughter of coparcener in joint Hindu family governed by Mitakshara law gets right of coparcener from the year 2005--cannot be said that daughters treated as coparceners-whenever she may have been born, she can ask for partition in a coparcenery property. And even in a ruling of Supreme Court SLP (Civil) No: 8538/2011 ruled out that the benifits of Hindu Succession amended act are available to the daughters at any stage before final decree proceedings. In this also there are so many decisions alike. Therefore now i am in little bit confusion to read Sec 6 of the amended act. So please analize it.
R.K Nanda
(Expert) 23 September 2012
academic query.
