Need clrification-by an expet in field!
samudra
(Querist) 30 December 2008
This query is : Resolved
"""Equality for Women
The Hindu Succession (Amendment) Act, 2005 (39 of 2005) comes into force from 9th September, 2005. The Government of India has issued notification to this effect. The Hindu Succession (Amendment) Act is to remove gender discriminatory provisions in the Hindu Succession Act, 1956 and gives the following rights to daughters under Section 6:
The daughter of a coparcener cell by birth become a coparcener in her own right in the same manner as the son;
The daughter has the same rights in the coparcenary property as she would have had if she had been a son;
The daughter shall be subject to the same liability in the said coparcenary property as that of a son; and any reference to a Hindu Mitakshara coparceners shall be deemed to include a reference to a daughter of a coparcener;
The daughter is allotted the same share as is allotted to a son;
The share of the pre-deceased son or a pre-deceased daughter shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter;
The share of the pre-deceased child of a pre-deceased son or of a pre-deceased daughter shall be allotted to the child of such pre-deceased child of the pre-deceased son or a pre-deceased daughter.
After the commencement of the Hindu Succession (Amendment) Act, 2005, no court shall recognize any right to proceed against a son, grandson or great-grandson for the recovery of any debt due from his father, grandfather or great-grandfather solely on the ground of the pious obligation under the Hindu law, of such son, grandson or great-grandson to discharge any such debt."""
AND
"""Under the new amendment to the Hindu succession Act you can claim partition if partition has already taken place before oct2004, then you are not eligible."""
Under the above conditions, i need Lawyer forum experts suggestion for the below explained case:
*"There is no partition to the property till to date"
A woman(Only Daughter) from Andhra Pradesh state,got married in the year 1978.Her father died in the year 2003( Mother died long before Father's death) .Father Writes a will Bequething the property, (One part) on his, Only Son and the balance property on his Grand sons (Son'S Sons)names.The property so willed is not self earned by him,but got to him through his marriage(He got married to,Only daughter of a lone widower).
Can the woman in the case eligible in her father property?If, Yes. How to proceed?
J K Agrawal
(Expert) 31 December 2008
The property was initially inherited by claimants mother as she was only daughter of her father. The mother became absolute owner of the property. Claimants Mother died intestate before Claimants father so the property devolved among her all "sons daughter and husband' of deceased mother of claimant.
I suppose that the claimant mother died leaving one son one daughter and a husband. All the three are entitle in equal share.
Father of claimant was having only 1/3 share of the property of his wife.
It is very important to note that this 1/3 part in the hands of claimants father in not amounting to 'property derived in inheritance' but it is amounting to his self acquired property.( as the succession was not from his parents but was from wife.)
As per supposed example, the father had absolute right to bequeath his 1/3 share by testament and his will is valid for 1/3 share.
samudra
(Querist) 31 December 2008
Agrawal Garu,
Thank you very much, for your prompt reply.
Any other opinion from the Enlightened members of the forum Please!
samudra
(Querist) 03 January 2009
Palnitkar garu,
Thank you very much.
Any more views please!
KamalNayanSaxena
(Expert) 06 January 2009
Mr. Agarwal has sufficiently resolved this query, in my opinion it should be closed now.
samudra
(Querist) 07 January 2009
Mr.KamalNayanaSaxena Garu,
Thank you very much.And I thank all the Forum members also.
Hiralal Das
(Expert) 05 April 2009
I do agree with the valuable opinions of the learned members. Thanks all of you.
