H S A (Amend) Act.2005.- In contest of A P state.
Querist :
Anonymous
(Querist) 17 December 2009
This query is : Resolved
Dear friends,
In contest of H S A amendment Act. 2005 for coparcenary rights of a female married in the year 1978, and the parents died in the year (April) 2004 (No partition taken place before the death of parents). How the below amendment to H S A by A P State effects Or Use full in the above cited case?
"29A.- Not withstanding anything contained in Section 6 of this Act-
(iv) nothing in clause (ii) shall apply to a daughter married prior to or to a partition which had been effected before the commencement of Hindu Succession (Andhra Pradesh Amendment) Act, 1986 "
Can we assume she is Coparcenary by birth, and can claim share in her parents Ancestral property even after the testament IE Will (Parents died before HSA Amdnt. Act.2005).
Kindly elucidate me.
With regards,
Thanking you ALL in advance.
Raj Kumar Makkad
(Expert) 17 December 2009
No. such daughter is not entitled for the grant of such benefit as first portion of clause clearly states ;daughter married prior to....; so HSA (amendment) Act 2005 cannot be invoked in the given case.
