Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Maharashtra - Section

Section 29 in Hindu Succession (Maharashtra Amendment) Act, 1994

29.

-A. Equal rights to daughter in coparcenary property.Notwithstanding anything contained in section 6 of this Act, —
(i)in a Joint Hindu Family governed by the Mitakshara Law, the daughter of a coparcener shall by birth become a coparcener in her own right in the same manner as a 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 liabiliiies and disabilities in respect thhereto as the son;
(ii)at a partition in a Joint Hindu Family referred to in clause (/), 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 partition shall be allotted to the surviving child of such p/e-dec eased son or of such pre-deceased daughter :Provided further that the share allotable to the pre-deccased child of a pre-dcccased 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-dec :ased 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 this Chapter shall apply to a daughter married before, the date of the commencement of the Hindu Succession (Maharashtra Amendment) Act, 1994;
(v)nothing in clause (ii) shall apply to a partition which has been effected before tho date of the commencement of the Hindu Succession (Maharashtra Amendment) Act, 1994.