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Hsa amendment 2005

(Querist) 09 February 2014 This query is : Resolved 
A male hindu whose name is XYZ has wife,son and daughter.Daughter is born before year 2003. XYZ has self earned property.If XYZ died in year 2007 without making a will,can daughter of XYZ get equal share with son in XYZ's self earned property on basis of HSA amendment 2005?
Anirudh (Expert) 09 February 2014
Dear Abcedf,
Hindu succession (Amendment) Act, 2005 has nothing to do with the self-acquired property. Therefore, in the instant case, the daughter of XYZ being a legal heir will get equal share in the property left behind by her deceased father.
prabhakar singh (Expert) 09 February 2014
When an intestate deceased male lives behind self acquired estates,his class I heirs would inherits him as.Daughter is one among those besides mother widow and sons according to section 8 and 9 of the Hindu Succession Act.

The amendment talked about has no role to play in instant matter.

Widow ,son and daughter would inherit simultaneously and equally 1/3rd each here.
Rajendra K Goyal (Expert) 09 February 2014
Agree with the experts, daughter has share in the self earned property of his father expired intestate.
abcdefg (Querist) 10 February 2014
Section 8 and 9 of HIndu succession act means exactly which?
HSA 1956 or HSA 1925.


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