Hindu succession act
basavaraj shiromani
(Querist) 26 April 2015
This query is : Resolved
a daughter who born before 1956 died in the yaar 2003 leaving behind his two daughters who intends to claim partition against brother of their mother in an ancestral properties. whether they entitle to get share of their mother "
kavksatyanarayana
(Expert) 26 April 2015
Yes. they have right over the property of her mother.
P. Venu
(Expert) 27 April 2015
Is the ancestral property yet to be partitioned?
Rajendra K Goyal
(Expert) 27 April 2015
Yes daughter is entitled share in the property of mother.
basavaraj shiromani
(Querist) 27 April 2015
Dear Experts i would like to bring your kind attention on 2015 (2) Kar. L.J. 7 (FB) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL JURISDICTION (Full Bench) Badrinaraaayan Shankar Bhandari and others V/s Omprakash Shankar Bhandari. wherein it is held that,
In case of a daughter born before 9-9-2005 when amending act came in to force adn alive on that day, benefit accrues to her, not from date of her birth, but from 9-9-2005. In case of a daughter who was born befrre 9-9-2005 and alive on that day though provision operates forwards, it is brought in to operation by her status of being daughter of coparcener before enactment came, it is held retroactive in operation.
But heir left behind by coparcener's daughter who had died before 9-9-2005, cannot claim to have succeeded to status and rights of coparcener, which mother herself died not possess when she was alive. and therefore the heirs of the deceased cannot claim teh properties.
T. Kalaiselvan, Advocate
(Expert) 02 May 2015
Dear Mr. Basavarj, you have an answer with you and what made you to post the query here?, are you testing the knowledge and skills of the experts here?, it cannot be seen in a good sense.
Well, the daughter born in 1956 and died in 2003. As per the amendment act in Tamilnadu which came into force in 1989, she was very much entitled to a share in the ancestral property provided the property was not partitioned as on the date of the amendment came into force or if the daughter remained unmarried as on the date of amendment despite the property being partitioned.
The same principle is applied o the central amendment to which came into force in the year 2005 and all these laws do not have retrospective effect.
Now see where is your case standing and the status of it.
