Proposed amendmend of Hindu Succession Act,,1956- February 2

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Certain amendmends have been propsed in the Hindu Succession Act,1956,As amended by Act 39 of 2005 -February 2008.

However certain issues which seem to be more relevant in today's context are not incorporated. some of  the issues are

1. Is there any provision wherein the daughters get equal rights in their dad’s property, during his existence even if dad makes a will .

2. If daughters are not in good financial conditions and the son is in very good financial condition , but still if  dad wants to give all his property to his son and son’s wife . Can the law put restriction on the dad in doing so ? for neglecting his daughters. Can this injustice to daughter’s be avoided even if the daughters are married or otherwise.?
I think the married daughters as well as sons are equally bound to take care of their parents. Parents should be made equally bound to take the care of their daughters and sons equally.ther should not be any bias in favour of male child.
Because I think the sons are always favored at the cost of daughter’s whether this anomaly can be corrected?.
 Sir I think all these abovementioned queries are all genuine queries which I am penning on behalf of distressed married daughters. and which should be addressed in the proposed amendmend to Hindu succession Act. As these are not addressed what should be the procedure to bring this issues in the public debate and to the attention of the policy and law makers?
 
 

 

 

Replies (3)

Property has been devolved to a Femail Hindu from her Husband,having no son or daughter.Rule as to how the Property will be distributed after the death of the Femaile Hindu?

 

Dear Sir/Madam
I Wish to clarrify the following doubts. please reply in this regard
 
CAN DAUGHTERS MARRIED PRIOR TO 9TH SEPTEMBER 2005 DEMAND PARTITION IN RESPECT OF THE HUF OF THEIR FATHER?
 
HUF consists of Karta, his spouse, three daughter and two sons. All the daughter and sons are married.
 
HUF Partition is likely to take place in the month of April 2010.
 
Daughter No.1.
Married before the commencement of the Hindu Succession (Tamil Nadu Amendment) Act 1989
 
Daughter No.2.
Married after the commencement of the Hindu Succession (Tamil Nadu Amendment) Act 1989 but before the Hindu Succession (Amendment) Act 2005.
 
Daughter No.3.
 Married after the commencement of the Hindu Succession (Amendment) Act 2005.
 
What is the Status and Rights of daughters at the time of Partition?
 
1. Daughter No.1 is treated as Coparcener and eligible to get Equal Rights?
Or
Excluding the coparcener daughter who have been married prior to the coming in to effect of the Hindu Succession (Tamil Nadu) Act,1989 u/s 29A and U/S 6 of the Hindu Succession (Amendment) Act,2005
 
2. Daughter No.2 is treated as coparcener eligible to get equal rights as per the Hindu Succession (Tamil Nadu) Amendment Act, 1989.
 
3. Daughter No.3 is treated as coparcener eligible to get equal rights as per the Hindu Succession (Amendment) Act, 2005.
 
Regards
K.Arulappan
 
 
 

SIR,

MY MOTHER HAVE TWO SISTERS AND FOUR BROTHERS.  AT THE TIME OF PARTITION OF THE ANCESTRAL PROPERTY, THE FOUR BROTHERS SHARED THE PROPERTY WITHOUT GIVING SHARE TO MY MOTHER.  THE PROPERTY WAS BOTH MY MOTHER'S GRAND FATHER AND FATHER.  ONLY I HAVE FILED SUIT AGAINST THE PARTITION.  THE SUIT PENDING IN CHENNAI HIGH COURT.  THE OTHER TWO SISTERS NOT FILED THE SUIT.

HENCE I REQUEST YOU TO KINDLY ADVISE ME THE HINDU SUCCESSION ACT 2005 AMENDMENT APPLICABLE FOR OUR CASE.   THE SUIT INITIALLY FILED IN THE YEAR 1985 IN DISTRICT COURT.  THE DISTRICT COURT GIVING SHARE 1/35 TO ME.  AFTER THAT WE HAVE FILED APPEAL IN CHENNAI HIGH COURT IN THE YEAR 2003.  THE CASE STILL PENDING.

I REQUEST YOU TO KINDLY ADVISE THE DETAILS OF THE HINDU SUCCESSION ACT 2005.

REGARDS

ON BEHALF OF MY MOTHER

S. RAVICHANDRAN

 

 


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