partition of property

SATISH KUMAR (Querist) 08 September 2009 This query is : Resolved
we are three brothers and three sisters. our father died intestate on 20-12-1996.my eldest sister filed suit for partition and her share in 1999.we took plea of section 23 on the hindu succession act,1956. This section was deleted vide HSA amendment act,2005.New section 6 was inserted.is this applicable to our case in view of clause (3) of section 6? secondly can i have citations of the case laws in our favour?
regards,
yours truly,
satish kumarriven

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Prakash Yedhula (Expert) 08 September 2009
It would not apply in your case since you father passed away in 1996 itself much prior to the amendment act came into force. Section 6 (3) makes it clear that the father should be a alive for the daughter to claim coparcenery right.

Since your father passed away in 1996, the disposition had taken place by operation of law, viz the succession had opened up and therefore, the daughters are not entitled to equal share

See the following judgments

1. 2007(1) M.L.J. 797 (SC) (Sheela Devi and others Vs Lal Chand and another) (2006(8) SCC 581)

2. A.I.R. 2008 MDS 250 (Smt.Bagirathi & others Vs S.Manivanan & another) (2008(3) TLNJ 416 (Civil))

3. 2008(4) C.T.C. 773 (Valliammal Vs Muniyappan and others)

4. (1997)10 SCC 684 (Sathyaprema Manjunatha Gowda (Smt) vs Controller of Estate Duty, Karnataka)

5. 2006 A.I.R. SCW 5063 (anar Devi & others Vs Parmeshwari Devi & others)

6. 2007(4) T.L.N.J. 535 (Angammal & another Vs C.Sellamuthu & another)

7. 2007(4) T.L.N.J. 237 (Civil) (Nachayal Vs Pongiannan & 11 others)

riven

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