Partition Deed & Women’s rights in a joint family (Hindu Law)
1. The Hindu Succession Act, 1956 has been amended by Act No. 39 of 2005 w.e.f. 09.09.2005.
2. One of the major amendments in section 6 of the Act is that the daughter in a join hindu family by birth shall become a co-parcener in the same manner as the son and shall have the same right in the co-parcenary property. Further, the daughter shall be subject to the same liability in respect of the said property as that of a son.
3. Further, after 09.09.2005, if any Hindu dies his interest in the property of a joint hindu family shall devolve by testamentary or intestate succession under the Hindu Succession Act and not by survivorship.
4. Further, after 09.09.2005 no court shall recognize any right to proceed against the son, grandson or great grand son for recovery of any debt due from his father, grandfather great grand father solely for the reason of pious obligation.
5. Further, for the purpose of Section-6 of the Hindu Succession Act from 09.09.2005 partition means any partition made by execution of a deed of partition duly registered or partition effected by the decree of the court.
6. Further, Section 23 and 24 of the Act has been amended w.e.f 09.09.2005. Because of this amendment the female heirs shall have right to claim partition of the dwelling house also. Further, the female heirs shall have the right of residence in the dwelling house.
1. Every person who is a major and has sound disposing mind may make a will with respect to his/her property.
2. For execution of the will the testator shall sign or affix his marks to the will or shall be signed by some other person in his presence and by his direction.
3. The signature / mark of the Testator shall be so placed that it shall appear that it was intended thereby to give effect to the writing as a will.
4. The will shall be attested by 2 or more witnesses each of whom has seen the Testator sign the will: and each of the witness shall sign in presence of the Testator.
5. No stamp duty is required to be paid for a will.
6. Will can be written in Testators own hand writing or otherwise.
7. Registration of will is not mandatory.
8. But it is advisable to get a will registered to avoid questions of genuineness.
9. It can be revoked, modified or altered at anytime by the Testator.
10. Will takes effect after the death of the Testator.
11. Will or bequest which does not express any definite intention is void for uncertainty.
12. If there are two irreconcilable or inconsistent clauses in a will the last clause shall prevail.
13. If a legacy is given to two persons jointly, and one of them dies before the testator, the other legatee takes the whole.
To be continued
Women’s Absolute Property
U/s 14 of Hindu Succession Act, if a property acquired by a Hindu women under will, gift etc with limited ownership, in lieu or for arrears of maintenance, her ownership is enlarged into her absolute property.