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Abhishek (None)     08 October 2011

Proviso to section 6

Hell to all,

I want to know if an alienation made by a manager of the joint family before 20.12.2004 can be challenged by a female who became a coparcener by virtue of the 2005 amendment or does the proviso absolutely bar it?



Learning

 6 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     08 October 2011

Mr. abhisek

it is not challangeable

Abhishek (None)     08 October 2011

It was 'Hello' and not  'Hell' :P

Abhishek (None)     08 October 2011

Can it not be assailed even on the ground that the said alienation was made neither for legal necessity nor benefit of the estate? I believe there is a judgement of Karnataka HC where the court has dealt  with the constitutionality of this proviso...Can anyone enlighten me on the same?

kuldeep kumar (lawyers)     08 October 2011

YES IT CAN BE ASSAILED BUT NO CASE LAWS IN MY CUSTODY

Abhishek (None)     09 October 2011

A father died before 9.9.2005  i.e the date on which Hindu Succession (Amendment) Act came into force...Would in that case her daughter be treated as a coparcener in her own right? S

Madala Venkata Rao (Profeesion)     13 October 2011

as per the ameded act of 2005 if any joint family property was disposed with registered instrument to the third parties or partitioned between them through registered document before the act, 2005 in such property female has no right for her share.


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