Online Copyright Registration in India

Protect your creative work
Books, Songs, film, websites, Software, painting, fashion Design etc
Call now: 09891244487

Ask Our legal Experts, on issues related to Divorce

File Mutual Consent divorce right away

Call at ph no: 9650499965
Search On:Laws in IndiaLawyers Search

To Appeal before CIC - Central Information Commission
For Filing and Hearing contact: Choudhury's law Office
Ph no: 9873628941

Author Topic: Hindu succession act 2005. Dispute regarding my maternal grandfather property  (Read 1237 times)

0 Members and 1 Guest are viewing this topic.

Offline pradeep61

  • Newlaw
  • *
  • Posts: 4
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
The Hindu Succession Act, 1956, originally didn't give daughters equal rights to ancestral property. This disparity was removed by an amendment that came into force on September 9, 2005 and incorporation of Section 6 of Hindu Succession Act.
A bare perusal of sub-section (1) of Section 6 would clearly show that the legislative intent in enacting clause
(a) is prospective i.e. daughter born on or after 9 September 2005 will become a coparcener by birth,
but the legislative intent in enacting clauses (b) & (c) is retroactive, because rights in the coparcenary property are conferred by clause (b) on the daughter who was already born before the amendment, and who is alive on the date of Amendment coming into force. Hence, if a daughter of a coparcener had died before 9 September 2005, since she would not have acquired any rights in the coparcenary property; her heirs would have no right in the coparcenary property.

Query: Hi Myself Pradeep Kumar from Hindu community residing in Bangalore Karnataka state.
Person A my maternal grandfather deceased is a coparcener by birth and owned ancestral agricultural land in Karnataka India, had two children one my mother deceased and my uncle. As my mother was born after 1956 and died in the year 2000 before Hindu succession act 2005 according to above Highlighted sentences says that I am not legally eligible for my maternal grandfather property.
 But another law points in Section 6 (3) regarding Hindu succession amendment act 2005 shown highlighted below says that as a coparcener my maternal grandfather dies after Hindu succession act 2005. So I will be eligible to my ancestral property even though my mother had expired before the Hindu succession act 2005.
Note: Maternal Grandfather didnít rite legal will for his property and maternal grandmother too is expired in the year 2006.Can I claim rights in my deceased mother ancestral property as land is pursed by my uncle? Please reply regarding this Issue?
(3) Where a Hindu dies after the commencement of the Hindu Succession (Amendment) Act, 2005*, his interest in the property of a Joint Hindu family governed by the Mitakshara law, shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship, and the coparcenary property shall be deemed to have been divided as if a partition had taken place and,ó
(a) The daughter is allotted the same share as is allotted to a son;
(b) The share of the pre-deceased son or a pre-deceased daughter, as they would have got had they been alive at the time of partition, shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter
(c) the share of the pre-deceased child of a pre-deceased son or of a pre¨-deceased daughter, as such child would have got had he or she been alive at the time of the partition, shall be allotted to the child of such pre-deceased child of the pre-deceased son or a pre-deceased daughter, as the case may be.
Please reply to this issues at the earliest.

Regards,
Pradeep Kumar

Offline advkartik

  • Veteran at Law
  • *****
  • Posts: 156
  • Karma: +4/-0
  • I this is advocate kartik, ask me your law query
    • View Profile
You have created your argument based upon law. Now simply file it.
Let the court decide your matter.


Offline adv.amarnath

  • Veteran at Law
  • *****
  • Posts: 1227
  • Karma: +52/-7
  • Advocate Amarnath Sanyal from Kolkata, West Bengal
    • View Profile
You have gone through too much with the laws of Hindu Succession Act that is why you are now confused. Please make your problem simple. Dont place law before us. We have been practicing for several years and solved sevral cases.

As far as I have understood your complex statements, you have right to claim your mother's share. If your father or other siblings is there then will also inherent your mother's share. Further you can bring partition suit.

For further clarifications and advice you can contact me.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline pradeep61

  • Newlaw
  • *
  • Posts: 4
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Dear amarnath,

I have already filed the partition suit in the court recently two months back and My father too died in the year 2000 and my brother is the only sibling left out in my family.

But my brother is being misguided from my uncle (Mothers bother) saying that as my mother as expired before Hindu succession act 2005 so we wont be eligible for the share from my undivided grandfather property.

My lawyer too is showing some references from amendments  that mother has died prior to Hindu succession act 2005 so we are not eligible but earlier he said we were eligible.

Then later i studied the Hindu succession act 2005 and i realized that we are eligible for a share from my undivided maternal grand father property according to Hindu succession act 2005.

What i need from your side his any judgements or  references so that i can show to my lawyer and defend my case properly and not be fooled by some weak points in Hindu succession act 2005.

So please help me out from this issue.

Regards,
Pradeep kumar

 

Offline adv.amarnath

  • Veteran at Law
  • *****
  • Posts: 1227
  • Karma: +52/-7
  • Advocate Amarnath Sanyal from Kolkata, West Bengal
    • View Profile
You are not need to prove or fight with your lawyer. It is suggestible to win the WAR not a BATTLE. As per your statement, I can say that either your present lawyer is making you fool or he does not know the law nether he can interpret the law. May be he has got his degree of LL.B. by copying someone's answer script in exam.

This type of notorious lawyers are just like "Empty Vessels, Sounds Much". Anyway, you just withdraw your case file or brief from him and appoint another lawyer. Even I dont know how he has drafted your partition case, whether you will get relief early or will take years after years.

Prior to the year 2005, the woman had right to get undivided share of intestate property but she cannot claim partition of that property which was amended in the year 2005 where she can also file a partition suit from her inherited. Hope now it is clear for you. Don't gain your knowledge from a simple book. Get a Professional Book - " Mayne's Hindu Law or Mulla's Hindu Law"

For further advice or suggestion or clarification in details you can contact me.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

File a Consumer Complaint
Property verification
Call: 9873628941
 

Lawyers in India - Listed city wise Mumbai
Bangalore
Pune
Pondicherry
Jaipur
lawyers in London
lawyers in Birmingham
Chennai
Allahabad
Ahmedabad
Jodhpur
Indore
lawyers in Toronto
lawyers in Sydney

Cochin
Lucknow
Ranchi
Thane
Janjgir
lawyers in Milan
Johannesburg

Delhi - New Delhi
Chandigarh
Surat
Nashik
lawyers in New York
los Angeles
Kolkata
Hyderabad
Rajkot
Nagpur
lawyers in Dhaka
lawyers in Dubai

Copyright Registration

Ph no: 9891244487

For Mutual consent Divorce in Delhi - Ph no: 9650499965

Home | Bare Acts | Law Forms | Supreme Court Judgments | Legal Advice | Lawyers | Submit article | Sitemap | Contact Us

legal Service India.com is Copyrighted under the Registrar of Copyright Act ( Govt of India) © 2000-2016
Get Free legal Advice here from top notch lawyers in India