Share claim as per hindu amendment act 2005
Guest
(Querist) 12 June 2014
This query is : Resolved
Dear Sir/Madam,
I am from Tamilnadu, Hindu family (Thiruvallur District):
My inherited grandfather’s land partition was held in year 1984 with my father and his brother also my only brother (deed with 3 persons), when I was 6 year old only minor daughter and my brother also 3 year old minor. But my brother name only mentioned in the deed without my name also my father singed himself and behalf for his minor son (3 year old). I was married in the year 1998. Can I claim equal share same as my father and my brother in this land as per Hindu amendment law 2005? Hence, I kindly ask you give me advice to claim my share.
Thanks,
Sujatha
ROHIT SHARMA
(Expert) 12 June 2014
Madame Sujatha,
1. Yes, as per s. 6 of H.S. Act, you are still deemed as a coparcener in such ancestral property since although you did exist as a six years old daughter yet you name did not figure in such partition deed of such ancestral property done before your marriage then even though after such partition such property does not remain to be an ancestral property any more, still you can talk it out with your father if he willing to give you your share from the share that he got from such ancestral property and if he does not agree then you would need to take a legal recourse to claim your share.
2. If need be talk to this lawyer.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 0-9824047971.
E-mail : lawgate1349@gmail.com
Rajendra K Goyal
(Expert) 12 June 2014
You can claim share from the property of your father if he expires intestate.
Anirudh
(Expert) 12 June 2014
If it was an 'ancestral property', and if the partition had taken place amongst the co-parceners in the year 1984, then you cannot claim any benefit from the 2005 Amendment to the HSA Act.
If it is a private property (i.e. not an ancestral property) then your father/grandfather has every right to dispose of the property in whichever way that he wants. Therefore also you cannot have any legal claim over the property.
T. Kalaiselvan, Advocate
(Expert) 15 June 2014
From the contents it appears that your father and his brother partitioned their father's property between themselves, therefore it is not ascertained that if it was an ancestral property or self acquired property inherited by your father from his father. In any case, the partition is reported to have taken place in the year 1984. As per the HS (TN Amendment) 1989, which came into force subsequent to the amendment without retrospective effect, The daughter is also entitled to a share equal to the rights of the son as a coparcener in the ancestral property provided the daughter is not married as on the date of amendment or the property has not been partitioned as on the date of the amendment came into force. This way, you are not entitled to claim a share in the property even if it was an ancestral property since the same was partitioned in the year 1984 itself.
Guest
(Querist) 15 June 2014
Dear Sir,
I thank to Mr. Rohit Sharma, Mr.Anirudh, Mr. Rajandra Goyal & Mr.T.Kalaiselva for your valuable advice for the above.
Please provide me more advice for me to claim the above mentioned share.
Thanks,
Sujatha
T. Kalaiselvan, Advocate
(Expert) 15 June 2014
@ Sujatha: What is that you want to clarify, be clear in your query. Your original query was properly addressed by all experts, if you have further queries post it in the same thread.
