We are from Telangana can the daughters claim the property now according to Hindu succession act
2 years ago
We have ancestral property ,our grandfather have 4 children 2 daughters and 2 sons ,my grandfather expired in 1985 .later his sons divided the property directly done mutations with their wife names and acquired pass books for agriculture lands.
Daughters marriage happened before 1985 and we are from Telangana
can the daughters claim the property now according to Hindu succession act .
The Hindu Succession (Andhra Pradesh Amendment) Act, 1986 has conferred daughter equal share with son in the ancestral property by making her a coparcener by birth in the state of Andhra Pradesh. At a partition in such a joint Hindu family, the coparcenary property shall be so divided as to allot to a daughter the same share as is allotable to a son but it is provided that it is not applicable to a daughter married prior to or to a partition which had been effected before the commencement of the Hindu Succession (Andhra Pradesh Amendment) Act, 1986.
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A.Look at Section 29A (iv) which says that daughters married before 1986 will not be getting the benefit of this amendment.
Section 29A in The Hindu Succession Act, 1956
29A Equal rights to daughter in coparcenary property. — Notwithstanding anything contained in section 6 of this Act—
(i) in a joint Hindu family governed by Mitakshara Law, the daughter of a coparcener shall by birth, become a coparcener in her own right in the same manner as the son and have the same rights in the coparcenary property as she would have had if she had been a son, inclusive of the right to claim by survivorship; and shall be subject to the same liabilities and disabilities in respect thereto as the son;
(ii) at a partition in such a joint Hindu family the coparcenary property shall be so divided as to allot to a daughter the same share as is allotable to a son:
Provided that the share which a pre-deceased son or a pre-deceased daughter would have got at the partition if he or she had been alive at the time of the partition shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter: Provided further that the share allotable to the pre-deceased child of a pre-deceased son or of a pre-deceased daughter, if such child had been alive at the time of the partition, shall be allotted to the child of such pre-deceased child of the pre-deceased son or of the pre-deceased daughter as the case may be;
(iii) any property to which a female Hindu becomes entitled by virtue of the provisions of clause (i) shall be held by her with the incidents of coparcenary ownership and shall be regarded, notwithstanding anything contained in this Act or any other law for the time being in force, as property capable of being disposed of by her by will or other testamentary disposition;
(iv) Nothing in clause (ii) shall apply to a daughter married prior to or to a partition which had been effected before the commencement of the Hindu Succession (Andhra Pradesh Amendment) Act, 1986.
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