Hsa 2005 case
S RAVICHANDRAN
(Querist) 10 December 2017
This query is : Resolved
MY MOTHER HAVING 4 BROTHERS AND TWO SISTERS. THE FOUR BROTHERS PARTITIONED THE PROPERTY WITHOUT GIVING SHARE TO THE WOMEN MEMBERS DURING THE YEAR 1986. THE PROPERTY BELONGS TO FATHER OF MY MOTHER. THE PROPERTY CAME TO MY GRAND FATHER BY WAY OF PARTITION BETWEEN HIS BROTHER.
MY MOTHER ONLY FILED SUIT AGAINST THE ILLEGAL PARTITION CLAIMING EQUAL RIGHT. THE DISTRICT COURT GIVEN 1/35 SHARE TO MY MOTHER. MY MOTHER APPEALED AGAINST THE JUDGEMENT CLAIMING EQUAL RIGHT DURING THE YEAR 2004 IN THE COURT OF CHENNAI HIGH COURT, TILL DATE THE CASE IS PENDING, SO FAR NO HEARING.
PLEASE LET ME KNOW THE HSA 2005 ACT APPLICABLE TO THIS CASE.
REGARDS
S. RAVICHANDRAN
Vijay Raj Mahajan
(Expert) 11 December 2017
The Hindu Succession Act,1956 as amended in 2005 is applicable in the present case, the daughters get equal share as sons in both self acquired property of the deceased Hindu male who died intestate, without making any Will etc. as well the coparcenary property of the Hindu family where daughter and sons are both considered as coparceners. Although if there was any partition of the coparcenary property done before 20th December,2004 than that partition will not be invalidated under the amended section 6 of the HSA. If the 4 brothers of your mother had not partitioned the property before 20th December, 2004 but after this date, than that partition is invalid and all the sisters will get equal share as brothers, i.e. one share each to all of them.
Kumar Doab
(Expert) 13 December 2017
The nature of the property that devolves by a valid/registered partition is self acquired.
The property was partitioned during the time of your mother’s grandfather.
After his death the share to your mother was denied.
Apparently the father of your mother has died in or before 1986.
The court awarded the share to your mother.
The succession opens on date of death.
It seems that the courts has awarded share in accordance with laws/rules prevailing at that time.
Kumar Doab
(Expert) 13 December 2017
If you wish you may attach/post extracts/copy and paste the judgment.
You may erase the names etc to maintain the confidentiality.
The matter is in HC and HC shall decide as per facts and details of the matter.
Sankaranarayanan
(Expert) 30 December 2017
well advised by the learned experts, I do endorse with experts
Guest
(Expert) 30 December 2017
Vague query. You could have asked your question from your own lawyer, who is aware of the nature of petition/ appeal.
Kumar Doab
(Expert) 30 December 2017
Nothing vague.
The Learned Judge in Hon'ble court has given the verdict.
