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Thread: The Hindu Succession Act

  1. The Hindu Succession Act


    Would appreciate if someone can guide as to how to get information cocerning prevailing laws as well as judgements on cases pertaining to following subjects:
    1. Intestate Succession
    2. Right of an woman to seek partition of property
    3. Right to reside at parental dwelling house as co-owner
    4. Restriced Estate, esp. when the woman files a suit
    5. Validity of Will by another co-owner, who expires while the suit is on.
    Thanks & Regards,

    R R Patange



  2. #2
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    Col NR Kurup (Retd)
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    Re: Hindu Succession Act' 1956 (Amendment'2005)


    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.

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    Re: Hindu Succession Act' 1956 (Amendment'2005)


    Further most of the required information is available in the web. One just has to search "The Hindu Succession Act 1956 (Amendment 2005)"

  4. Re: Hindu Succession Act' 1956 (Amendment'2005)



    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.

    Rgds,

    RR Patange

  5. Re: The Hindu Succession Act


    Patange,
    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.
    RV Singh

  6. Re: The Hindu Succession Act


    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

  7. Re: The Hindu Succession Act


    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
    v
    Parchuri Srinivasrao and Others
    P. S. NARAYANA

    23 Apr 2007
    BENCH
    P. S. NARAYANA

  8. Re: The Hindu Succession Act


    As we only focus on RTI issues here, may I request you all to use this important discussion at our sister site here:
    Big Helpers

    Closing this thread.



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