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TIPPANNA G VANNAL (STUDENT)     11 June 2013

Women's rights over father's property

Dear Sir/Madam,

 

               We had an agricultural land which is acquired by Muncipalty in 2005 by giving 42,500/- for an acre.  But we have not satisfied then we  suited a case for excess amount, this case is still pending. It is basically a self acquired property which is purchased by my grand father, after his death it is not legally transferred to my father, uncles and my aunts (my grandfather have 3 sons and 7 daughters)        

              Now my aunties are asking equal rights (which is suited a case for excess amount) in their father's property, my aunties were born before 1956.   

 

        We have not yet registered any partition deed.

        My question is, are they (my aunties) eligible to get equal share in their father's property even though they borned before 1956 and also they married before 1985.

         Please advise me I am from Karnataka, let me know if you need any information.

         Thanks in advance



Learning

 2 Replies

Selva....... (Advocate)     12 June 2013

The new Section 6 provides for parity of rights in the coparcenary property among male and female members of a joint Hindu family on and from 09-09-2005. Thus on and from 09-09-2005 the daughter is entitled to a share in the ancestral property and is a coparcener as if she had been a son. The States of Tamil Nadu, Andhra Pradesh, Karnataka and Maharashtra made necessary changes in the law giving equal rights to daughters in the ancestral property by enacting State amendments and in these states the daughters have been provided parity of rights in the co-parcenary property with effect from the dates notified by the said State amendments. The effective dates are:- Tamil Nadu(25-03-1989), Andhra Pradesh (5-9-1985) Karnataka (30-07-1994) and Maharashtra (22-06-1994). The State of Kerala abolished the joint family system by enacting the Kerala Joint Hindu Family System (Abolition) Act. 1975 with effect from 1-12-1976.
 


The right accrued to a daughter in the ancestral property, by virtue of the Amendment Act, 2005 is absolute, except in the circumstances provided in the amended Section-6. The excepted categories to which new Section-6 is not applicable are two, namely, (1) where the disposition or alienation including any partition which took place before 20-12-2004 and (2) where testamentary disposition of the property was made before 20-12-2004.

TIPPANNA G VANNAL (STUDENT)     12 June 2013

Thanks for your reply Selva Sir, but I request you to consider these points,

1) it is not an ancestral property, it is directly purchased by my grand father who is not alive now (my grand mother also not alive).

2) My aunts were born before 1956.

3) Mutual partition deed were made in 2002 but it is not registered.


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