Hi I have a question; I will appreciate if someone can give me the exact picture.
X had 4 sons and 3 daughters, all married before 1980 and 'X' executed a registered will in 1982 that his share in the coparcenary property shall devolve on his 4 sons in equal shares after his death and 'X' died in 1983 and the property was devolved on his 4 sons as per the registered will and there are holding the property jointly (All the properties are situated in Andhra Pradesh).
In 1985 the Govt of AP passed an amendment to Hindu succession act 1956 ( Section 29A ), that equal rights to daughter’s in the coparcenary property with a rider that daughters married prior to the amendment are not entitled above rights. As such the 3 daughters were not entitled any share in the coparcenary property in Andhra Pradesh. While, Govt of India introducing a similar amendment to section 6 of the Hindu succession act 1956 in 2005 in a form of bill in rajya sabha, has stated that “Provided that nothing contained in the sub-section shall apply to a daughter married before the commencement of Hindu succession (amendment act 2004).However, in the final amendment act the above clause was not included.
In this situation, the question is whether the married daughters have got any share in the coparcenary property or not?
One view is as per amendment to section 6 “ On and from the commencement of Hindu succession act 2005 in a joint family governed by mitakshara law, the daughter of a coparcener (a) by birth becomes a coparcener in her own right . The necessary and sufficient condition is that the daughter must be a member of a joint family and daughter of a coparcener. It is a well known fact that married daughters were not a member of joint family. Secondly, coparcener was not alive on the commencement of act.
As both the conditions are not satisfied the daughter’s are not benefited by the amendment. In this connection I request your considered views.Please advice.
