S. RAVICHANDRAN (ACCOUNTANT) 01 April 2011

HINDU SUCCESSION ACT 2005 AMENDMENT

DEAR SIRS,

MY MOTHER HAVING FOUR BROTHERS AND TWO SISTERS. THE FOUR BROTHERS HAVE PARTITIONED THE MOVABLE PROPERTIES AND IMMOVABLE PROPERTIES WITHOUT GIVING SHARE TO WOMENS IN THE YEAR 1986. THE PROPERTIES ARE BLONGS TO MY MOTHER'S FATHER AND GRAND FATHER.

MY MOTHER ONLY FILED SUIT AGAINST THE PARTITION IN THE YEAR 1988 IN THE DISTRICT COURT, VELLORE. OTHER TWO SISTERS NOT FILED THE SUIT. MY MOTHER CLAIMED EQUAL RIGHT, BUT RECEIVED JUDGEMENT FOR 1/35 SHARE. BUT THE COURT GIVEN JUDGEMENT THE PARTITION WAS INVALID. AGAIN WE HAVE FILED SUIT IN THE SUB COURT, THE SUB COURT ALSO CONFIRMED THE SAME.

IN THE YEAR 2004 (JULY) MY MOTHER FILED SUIT AGAINST JUDGEMENT IN THE COURT OF HIGH COURT, CHENNAI. THE CASE WAS STILL PENDING. PLEASE LET ME KNOW THE HSA 2005 AMENDMENT APPLICABLE FOR THIS CASE. ALSO LET ME KNOW PROCEDURE FOR SPEED UP PETITION FILING FOR THIS CASE.

REGARDS/S.RAVICHANDRAN

raviranipet@sify.com / raviranipet@gmail.com

Reply Follow

3 Replies

M.Sheik Mohammed Ali (advocate) 01 April 2011

no, this HSA 2005 amendment only for after year of 2005 implimendented. so could not ask as per HSA2005, may be court confirmed previous order.

S. RAVICHANDRAN (ACCOUNTANT) 02 April 2011

Kind Attn.: Mr. Sheik Mohammed Ali Sir,

As per the court judgement the partition was null and void. In this circumstances the properties are still belongs to Joint Family Property. Why the HSA 2005 Amendment was Not applicable in this case. Please let me know the reasons for NA in your reply.

I am understanding this amendment, If the Properties are Joint Family Property at the time of amendment of the HSA 2005, the amendment is applicable.

Your reply in this regard is high appreciable.

Regards

S. Ravichandran

S. RAVICHANDRAN (ACCOUNTANT) 02 April 2011

Kind Attn.: Mr. Sheik Mohammed Ali Sir,

I am understanding this amendment, If the Properties are Joint Family Property at the time of amendment of the HSA 2005, the amendment is applicable.

Your reply in this regard is high appreciable.

Regards

S. Ravichandran

PS:

(a) by birth become a coparcener in her own right in the same manner as the son;
(b) have the same rights in the coparcenary property as she would have had if she had been a son;