D.Dakshina Moorthy (Sr.Office Superintendent) 19 December 2014

Parents property - women rights

Dear Sirs,

I would like to get some clarifications regarding women rights in the parents property. I came to understand that regarding the women rights from Supreme Court case law decisions, Bombay High Courts case laws and Karnataka High Court case laws. I have a doubt about this Hindu Succession Act.

) Whether Section 6 of the Hindu Succession Act,

1956 as amended by the Amendment Act,2005 applies to

daughters born after 17.6.1956 and prior to 9.9.2005?

(d) Whether Section 6 of the Hindu Succession

Act,1956 as amended by the Amendment Act,2005 applies

only to daughters born after 9.9.2005?

My point is that a woman was borned in the year 1949. She is not alive. Whether her legal hairs are eligible

to get the share of her mother properties which were purchased on her's income.

I request you to kindly clarify the same.

Thanking you,

( D.Dakshina Murthy )

Reply Follow

6 Replies

Jai Karan Nagwan (consultant) 19 December 2014

Women right was always in existence. Before 1956 women was having life interest and after 1956 Absolute right. HSA amendment act 2005 applies to all living women irrespective of their DOB.

Jai Karan Nagwan (consultant) 19 December 2014

If your grandma was alive on 17/6/1956, you are entitle to claim your maternal ancestral property and I am sure she was alive until 1956. Please don't mind, you are very keen to take share from your maternal relative, but are you equally honest to give share to your father sister and your sister.

Jai Karan Nagwan (consultant) 19 December 2014

T V Krishnamurthy (None) 20 December 2014

How to punish a lawyer who ignores thia right of woman to her father's property and files a case on behalf of his client to administer the woman's father's property?

After all the lawyer knows the law and is abetting a crime should he NOT be punished.

If the Constitution has any meaning no case can be filed by a man to administer property if a woman has a share in it untill the woman's share is insured to the woman.

D.Dakshina Moorthy (Sr.Office Superintendent) 20 December 2014

Dear Sirs, Thanks to receive your replies. I came to understand later that the said property is mother's name but it was purchased based on her Husband's salary income. The daughter borned in the year 1949 and she got married in the year 1964. Kindly clarify that as per HS Act (Amendment Act or Amendment before the Act ) whether she is or her legal heirs are eligible to get equal share in the said property. Thanking you, D.Dakshina Murthy