Hindu succession act 2005
S. RAVICHANDRAN
(Querist) 26 October 2013
This query is : Resolved
MY MOTHER HAVING FOUR BROTHERS AND TWO SISTERS. THE FOUR BROTHERS HAVE PARTITIONED THE MOVABLE PROPERTIES AND IMMOVABLE PROPERTIES WITHOUT GIVING SHARE TO SISTERS IN THE YEAR 1986. THE PROPERTIES ARE BLONGS TO MY MOTHER'S FATHER AND GRAND FATHER. THE PROPERTIES WAS PARTITIONED BY MY GRAND FATHER AND HIS BROTHER AND SISTER IN THE YEAR 1960. MY MOTHER'S FATHER WAS DIED IN THE YEAR 1964.
MY MOTHER ONLY FILED SUIT AGAINST THE PARTITION IN THE YEAR 1988 IN THE DISTRICT COURT, VELLORE. OTHER TWO SISTERS NOT FILED THE SUIT. MY MOTHER CLAIMED EQUAL RIGHT, BUT RECEIVED JUDGEMENT FOR 1/35 SHARE. BUT THE COURT GIVEN JUDGEMENT THE PARTITION WAS INVALID (NULL AND VOID) DUE TO NOT GIVEN SHARE TO SISTER'S IN THE PARTITION DEED. AGAIN WE HAVE FILED SUIT IN THE SUB COURT, THE SUB COURT ALSO CONFIRMED THE SAME.
IN THE YEAR 2004 (JULY) MY MOTHER FILED SECOND APPEAL AGAINST LOWER COURT JUDGEMENT IN THE COURT OF HIGH COURT, CHENNAI FOR CLAIMING EQUAL RIGHT BEFORE THE HSA AMENDMENT. THE CASE WAS STILL PENDING. PLEASE LET ME KNOW THE HSA 2005 AMENDMENT APPLICABLE FOR THIS CASE. PLEASE ALSO LET ME KNOW THE CASE LAW REFERENCES IF ANY IN THIS REGARD (HSA 2005 ACT).
KINDLY HELP AND GIVE YOUR VALUABLE SUGGESTIONS AND GUIDENCE.
ON BEHALF OF MY MOTHER
REGARDS//S.RAVICHANDRAN
Anirudh
(Expert) 26 October 2013
The decision that your mother will get only 1/35th share is absoslutely correct. Neither the 2005 amendment, nor the earlier Tamilnadu Amendment is applicable in your mother's case.
Rajendra K Goyal
(Expert) 26 October 2013
Well advised, for citation please search indiankanoon.com.
prabhakar singh
(Expert) 26 October 2013
I subscribe the view expressed by Mr.Anirudh which is absolutely correct.
R.K Nanda
(Expert) 26 October 2013
for citation search indiankanoon.com.
Raj Kumar Makkad
(Expert) 27 October 2013
I also do endorse the advice of Anirudh.
Ms.Nirmala P.Rao
(Expert) 28 October 2013
Dear Client,
Since the partition had opened up long time ago, much prior to Hindu Succession Amendment Act 2005, your mother and your sisters can't claim any rights of equal shares in the property now.If you wish to thank me for this reply please click the thank you button on my profile.
