hindusuccession act amendment 2005

Querist : Anonymous (Querist) 10 January 2011 This query is : Resolved
whethee the amendment is retrospectivr in application ? whether female born before 2005 canclaim same shareas like son

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adv. rajeev ( rajoo ) (Expert) 10 January 2011
It is prospective, if you want to know in detail go thru., the judgement of Karnataka High Court reported in ILR 2010. Entire amendment is discussed.

Y V Vishweshwar Rao (Expert) 10 January 2011
Amendment 2005-Son and Daughters-

The Joint Property to be available as on 2005 Amendment for partition - Joint Property not already partitioned - not sold / not disposed- birth of daughter before 2005 - is not criteria- The Amendment is prospective only !

Vijayendra Navale (Expert) 10 January 2011
I will go with Experts. And also the judgment of Justice N Kumar of Karnataka High Court also interprets the succession act and also the above fact in issue.

Gagan Gupta (Expert) 10 January 2011
Date of registered partion is criteria not the date of birth of daughter. Registered partition before certain date is not covered by act.

R.Ramachandran (Expert) 10 January 2011
The Karnataka High Court judgement is open to challenge. It is another matter that it had not been challenged so far or no decision had come out even it had been challenged.
(I completely disagree with the Karnataka HC Judgement.)

Amit Minocha (Expert) 10 January 2011
yes she can claim. Her date of birth is not the criteria. Whether the partition has been already done or not is of valuable importance.