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74. Equal Share to Hindu Women
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This video is about the coparcenary right of Hindu women. Hindu Succession Act 1956 is applicable to all the Hindus with respect to succession. Hindu women had right in her father's property in the event of his death intestate. if the father died without executing any will, then she would have succeeded to the property of the father along with other Class I Heirs. and shared the property equally along with them but not otherwise. she had no right in the anscestral property of the family. By virtue of amendment made to Section 6 of the said Act in 2005, she has become entitled to the share in the anscestral property of the family by birth. This amendment has treated the women Equal with other male co parceners of the family. By this Amendment she will not only share the property equally with the other members of the family and she can demand the partition at any time if denied she can approach the court for partition. in case of her death her sons & daughters can demand partition in the joint family properties.
This amendment has come into force from 9/9/ 2005 However the partitions which have taken place before 20th December 2004 cannot be opened by the Female member. The recent 3 judge bench judgement of Vineeta Sharma and others V/s Rakesh Sharma and others of the supreme court delivered in 2020 has discussed the issue in detail and ruled out earlier judgements of various high courts and supreme court. it is made very clear that even the oral partition and unregistered partition also can be considered for this purpose, provided such arrangement is done and names of parties are mutuated in the revenue records and they are living separately before 20th December 2004. This is a landmark judgement for the Hindu women in achieving equal status in the eyes of law of succession.
For Consultation: 9342589333
This amendment has come into force from 9/9/ 2005 However the partitions which have taken place before 20th December 2004 cannot be opened by the Female member. The recent 3 judge bench judgement of Vineeta Sharma and others V/s Rakesh Sharma and others of the supreme court delivered in 2020 has discussed the issue in detail and ruled out earlier judgements of various high courts and supreme court. it is made very clear that even the oral partition and unregistered partition also can be considered for this purpose, provided such arrangement is done and names of parties are mutuated in the revenue records and they are living separately before 20th December 2004. This is a landmark judgement for the Hindu women in achieving equal status in the eyes of law of succession.
For Consultation: 9342589333
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