The Hindu Succession Act specifically answer most of your querries. There are innumerable Supreme Court Cases decesions on the subject which are published every month. The year-wise bound volumes are held by most of the Advocates with an average practice. I would recommend that you meet one of such lawyers or get those editions. I doubt whether RTI is of much help in this aspect.
Thank You for your prompt response. However, I request you to note that as regards specific information w.r.t. Restricted Estate & Will Validity, only general information is available but not specifics.
I have spoken to some lawyers in the past but I could not get the extent of clarity I was looking for. That's the reason why I was need of some advise from some actually experienced such cases, eithet professionally or personally.
I read your post months ago but did not reply because I was working on a law suit with our lawyers on behalf of my wife and her sister in strict secrecy based on HSA amendment 2005 which gives them equal share to the brothers and right to partition. The suit has now been filed in HC of Delhi for partion of HUF/Joint/Coparcenay property and rendition of account by the Karta, my father-in-law.
Answer to your questions:
1. Intestate succession is based on deemed partition at the time of death of a coparcener. Class 1 heirs are defined in HSA 1956 which include widow and children.
2 and 3. Woman, married or unmarried, has right to partition and right to live in her father's joint property or HUF property as per amendment 2005.
4. Status quo to be maintained during the pendency of a suit.
5. Will, by co-owner is valid but he share may have to wait during pendency of the suit. Basically, the share is equal to 1/n+1 of father's share if the father has n children.
Any further questions are welcome.
Really nice piece of information. I want to know if there has been any recent supreme court judgement giving right to a woman in ancestral property irrespective of the date of marriage. i.e . marriage took place before the Hindu Sucession Act was amemded but the property has not yet been partitioned.
I got the information from one of the newspaper reports but not able to lay my hand on the exact case details . Pl help in this regard
Sahadev, The following case deals with many issues including dilution of coparcenar shares after 2005 amendment. The case is complex but the fact that the girls will get equal share has been accepted by the court.
[ANDHRA PRADESH HIGH COURT] Parchuri Sambasivarao and Others
Parchuri Srinivasrao and Others P. S. NARAYANA