HUF AND HINDU SUCCESSION ACT
Querist :
Anonymous
(Querist) 24 January 2010
This query is : Resolved
I have three queries, if Advocate Archana or any one else can clarify:
1) Whether unmarried daughters of Son are Coparcners in the Grandfather's (i.e. Father's Father) HUF under HSA Act Amendment 2005? If yes, what will be their share in the HUF comprising, Father, Mother, Son and son's two daughters.
2) Can married daughters who have married before 22 June 1994 claim Co-parcenery rights under Section 29 A of Hindu Succession (Maharashtra) Amendment Act or under Hindu Succession Amendment Act 2005? As per my understanding, if daughters are married before 22/6/1994 (applicable for the State of Maharashtra only)or before 9/9/2005 (when HSA Amendment 2005 came into being) are not entitled for any Co-parcenary rights and are also not entitled for any share or ask for full partition. This is very critical and if some one can throw enough light on the same, if possible with the exact interpretation of Section 29A, Section 29B and Section 29C and / or any Caselaws on the same.
3) Does the Hindu Succession Maharashtra Amendment Act, 1994 takes precedence with regard to its Applicability only in the STATE OF MAHARASHTRA over Central Amendment of 2005 under HSA, 1956 especially under the provision and freedom granted to the States under Article 254 of the Constitution. ?
Raj Kumar Makkad
(Expert) 25 January 2010
1. Granddaughters in the given facts are not coparcners in the property of their grandfather under HSA Amendment Act 2005.
2. I agree with your interpretation which is in consonance with latest verdicts of SC.
3. No. Central Act prevails over State Act.
Querist :
Anonymous
(Querist) 25 January 2010
Thank you Mr. Makkad. Can you please send me link or reference to the latest Verdicts of the SC of which you mentioned in your reply?
My Second query is that if there is a Concurrent list under Schedule VII of Article 254, (Succession is a part of the Concurrent List) will the State Statute prevail over the Central especially when they are touching the same subject. Please clarify
