Subject :  regarding 2005 amendment in hindu succession act

Answer By Lawyer :  According to your query the women was born before marriage as such she may be comes under the category of "illegitimate daughter" as such she cannot claim partition in a joint family property but she can claim partition in the self-acquired property of her parents.

Subject :  regarding 2005 amendment in hindu succession act

Answer By Lawyer :  Of Course, women has the share in the joint family property for partition whether before or after marriage.

Subject :  regarding 2005 amendment in hindu succession act

Answer By Lawyer :  Section 6(5) in The Hindu Succession Act, 1956 (5) Nothing contained in this section shall apply to a partition, which has been effected before the 20th day of December, 2004. Explanation. —For the purposes of this section “partition” means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court.] Statement of Objects and Reasons [The Hindu Succession (Amendment) Act, 2005] Section 6 of the Act deals with devolution of interest of a male Hindu in coparcenary property and recognises the rule of devolution by survivorship among the members of the coparcenary. The retention of the Mitakshara coparcenary property without including the females in it means that the females cannot inherit in ancestral property as their male counterparts do. The law by excluding the daughter from participating in the coparcenary ownership not only contributes to her discrimination on the ground of gender but also has led to oppression and negation of her fundamental right of equality guaranteed by the Constitution having regard to the need to render social justice to women, the States of Andhra Pradesh, Tamil Nadu, Karnataka and Maharashtra have made necessary changes in the law giving equal right to daughters in Hindu Mitakshara coparcenary property. The Kerala Legislature has enacted the Kerala Joint Hindu Family System (Abolition) Act, 1975. It is proposed to remove the discrimination as contained in section 6 of the Hindu Succession Act, 1956 by giving equal rights to daughters in the Hindu Mitakshara coparcenary property as the sons have. State Amendment Sections 6A to 6C Karnataka: After section 6 the following sections shall be inserted, namely:— "6A. Equal rights to daugher in co-parcenary property.— Notwithstanding anything contained in section 6 of this Act— (a) in a joint Hindu family governed by Mitakshara law, the daughter of a co-parcener shall by birth become a co-parcener in her own right in the same manner as the son and have the same rights in the co-parcenary property as she would have had if she had been a son inclusive of the right to claim by survivorship and shall be subject to the same liabilities and disabilities in respect thereto as the son; (b) at a partition in such a joint Hindu family the co-parcenary property shall be so divided as to allot to a daughter the same share as is allotable to a son: Provided that the share which a predeceased son or a predeceased daughter would have got at the partition if he or she had been alive at the time of the partition, shall be allotted to the surviving child of such predeceased son or of such predeceased daughter: Provided further that the share allotable to the predeceased child of a predeceased son or of a predeceased daughter, if such child had been alive at the time of the partition, shall be allotted to the child of such predeceased child of the predeceased son or of such predeceased daughter, as the case may be; (c) any property to which a female Hindu becomes entitled by virtue of the provisions of clause (a) shall be held by her with the incidents of co-parcenary ownership and shall be regarded, notwithstanding anything contained in this Act or any other law for the time being in force, as property capable of being disposed of by her by will or other testamentary disposition; (d) nothing in clause (b) shall apply to a daughter married prior to or to a partition which had been effected before the commencement of Hindu Succession (Karnataka Amendment) Act, 1990.

Subject :  regarding 2005 amendment in hindu succession act

Answer By Lawyer :  a daughter can avail of the benefits granted by the amendment only if her father passed away after September 9, 2005. Also, the daughter is eligible to be a co-sharer only if the father and the daughter were alive on September 9, 2005. therefore a hindu woman born and married before 2005 can inherit share.

Subject :  regarding 2005 amendment in hindu succession act

Answer By Lawyer :  Dear Client......... Yes they can do demand for partition .. unless its been proved their share has been already given at the time of marriage.

Subject :  regarding 2005 amendment in hindu succession act

Answer By Lawyer :  After amendment in Hindu succession act we 2005 , a female child has same rights as a son has. In legal terms both are co -partioner .

Subject :  regarding 2005 amendment in hindu succession act

Answer By Lawyer :  After amendment in Hindu succession act we 2005 , a female child has same rights as a son has. In legal terms both are co -partioner .

Subject :  regarding 2005 amendment in hindu succession act

Answer By Lawyer :  contact me on 7599486095

Subject :  regarding 2005 amendment in hindu succession act

Answer By Lawyer :  If there was no regd., partition of the properties, then she will get equal share in the ancestral properties

Subject :  regarding 2005 amendment in hindu succession act

Answer By Lawyer :  KINDLY CALL ON 02262373189 AND 08291730768

Subject :  regarding 2005 amendment in hindu succession act

Answer By Lawyer :  Your query is not clear, now daughters also have right on the ancestral property but it depends after or before the period. To know in detail you may contact with me getting my information from the site. Shailesh Kumar A High Court Lawyer

Subject :  regarding 2005 amendment in hindu succession act

Answer By Lawyer :  Such women shall have right on the ancestral property when her father would be alive after the amendment act came into enforce. To know in detail you may contact with me getting my information from the site. Shailesh Kumar A High Court Lawyer

Subject :  regarding 2005 amendment in hindu succession act

Answer By Lawyer :  Yes