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Please guide me on the women's right on partition in property.
24-Jul-2023 (In Property Law)
mr X, hindu by religion has deceased in 2015 leaving behind two sons and one wife one married daughter.He owned 6.94 ac by inheritance and one acre self acquired property(all agriculrulal lands). The daughter got married in 1983 itself.However partition has not been initiated so far in the family.what is the share the married daughter and others will get in case partition is compelled by the daughter thro a court. Some lawyers say that date of marriage is immaterial.is it so?(the hindu succession act 2005 does not impose a condition of date of marriage even though tamilnadu govt.act. does. Which act will prevail?.Also clarify whether ancesral property or self acquired property of the deceased will affect the eligiblity of the share of the daughter?.If so how or how much? sirs,may i request opinion atleast from three lawyers to satisfy myself? fy myself?
1. You have stated that Mr. X owned a property by inheritance(6.94 acres) and one acre was self acquired. If the property has been divided and distributed and acquired by him by inheritance, it does not make any difference as to whether it was inherited or self acquired. It will in no way affect the share of the daughter.
2. In 2015, when Mr. X left his last breath in this world, the property has devolved into four shares, and this is by virtue of the Hindu Succession Act amended in 2005. This is irrespective of the date of marriage. The daughter has all the right to institute a suit for partition.
2. In 2015, when Mr. X left his last breath in this world, the property has devolved into four shares, and this is by virtue of the Hindu Succession Act amended in 2005. This is irrespective of the date of marriage. The daughter has all the right to institute a suit for partition.
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