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Author Topic: sc judgement 2015 on daughters rights to property  (Read 392 times)

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Offline as1412

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sc judgement 2015 on daughters rights to property
« on: June 20, 2016, 10:31:36 PM »
I am quoting the crux of the judgement below I saw on a web site:
QUOTE
The SC in pronouncing this judgment has provided the much-needed clarity that the Amendment Act is prospective in its application, i.e., with respect to a Hindu family governed by Mitakshara law, a daughter would have a right in the ANCESTRAL property inherited by the father only if both the daughter and the father are alive at the time of commencement of the Amendment Act.
UNQUOTE.
Q1) I want to know if this applies to SELF ACQUIRED property also? Property is in Mumbai,Maharashtra. This point is not explicitly brought out in the judgement. Ours is a Hindu family and the owner of the self acquired property died intestate much before 2005 amendment came into force.
Q2) Has the maharashtra govt brought in any amendments to this judgement thereafter ?
Q3) He has 3 daughters out of which one of the daughter died much before 2005 - do her children get equal rights in the property ? Which law/act/amendment applies ? What is the status of the other 2 daughters who are alive - do they get a share too ?

Offline adv.amarnath

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Re: sc judgement 2015 on daughters rights to property
« Reply #1 on: June 24, 2016, 01:00:30 PM »
Q1) I want to know if this applies to SELF ACQUIRED property also? Property is in Mumbai,Maharashtra. This point is not explicitly brought out in the judgement. Ours is a Hindu family and the owner of the self acquired property died intestate much before 2005 amendment came into force.
Ans: SC has not curtailed out the daughter's right rather she cannot claim for partition in respect of Dwelling House. Daughters have right to inherit property but SC has distinguish when and what she can claim for partition from the date of commencement of Act.

Q2) Has the maharashtra govt brought in any amendments to this judgement thereafter ?
Ans: The Hindu Succession Act and its amendment is in force all over the India.

Q3) He has 3 daughters out of which one of the daughter died much before 2005 - do her children get equal rights in the property ?
Ans: Yes
Which law/act/amendment applies ?
Ans: Yes

What is the status of the other 2 daughters who are alive - do they get a share too ?
Ans: As said above. Yes they have share

Regards,

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

Offline as1412

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Re: sc judgement 2015 on daughters rights to property
« Reply #2 on: June 25, 2016, 05:26:03 AM »
Thank you Sir. Your reply is very clear. There is just one more question regarding the dwelling unit.
Does the Dwelling unit have to be completely occupied by the male siblings ? The property is a 3 storied independent building with
a) Ground floor having 2 independent  flats  occupied by one male sibling
b) First floor having 2 independent flats rented out to non family members.
c) 3rd floor completely occupied by another male sibling.

Does the definition of dwelling unit change with this composition ? Does law give more importance to the fact that the male members are living in the unit even though not completely occupying it ? Can the daughters force partition  or do they still have to wait till the male siblings decide to partition it ?

Offline adv.amarnath

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Re: sc judgement 2015 on daughters rights to property
« Reply #3 on: July 04, 2016, 11:58:29 AM »
Does the definition of dwelling unit change with this composition ?
No

 Does law give more importance to the fact that the male members are living in the unit even though not completely occupying it ?
Cant be said right now until law interferes.

Can the daughters force partition  or do they still have to wait till the male siblings decide to partition it ?
It can be said only after knowing the status of daughters and their rights as per amendment of SC judgment 2015
Regards,

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

 

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