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Showing contexts for: devolved in B.Chandrakala vs A.Anuradha on 31 December, 2014Matching Fragments
2. Female heirs other than the widow were recognized while the widows position was strengthened.
3. The principle of simultaneous succession of heirs of a certain class was introduced.
4. In the case of the Mitakshara Coparcenary, the principle of survivorship continues to apply but if there is a female or male claim through female in the line of class-1 heirs of the schedule, the principle of succession is applied so as not to exclude her. By virtue of which on the death of a member of a coparcenary, the property devolves upon his mother, widow and daughter, along with his son etc., by testamentary or intestate succession, as the case may be, and not by survivorship under Section 6. This rule confers on the women an equal right of succession with the male member of the joint family under Section 8. However, when the proviso to Section 6 applies, there is no disruption of joint family status as the proviso creates a fiction so that persons who are to inherit by succession are identified to separate that share.
5. Remarriage, conversion and unchastity are no longer held as grounds for disability to inherit.
6. Even the unborn child, son or daughter, has a right if s/he was in the womb at the time of death of the intestate, if born subsequently.
15-C. As was prior to, even after the HS Act,1956 the daughter in a Hindu Joint Family governed by Mitakshara law was not considered as coparcener. Though, the HS Act revolutionized the previously held concepts on rules of inheritance to some extent, it has its own flaws while dealing with property rights of women since it still does not give the right to the daughter of a coparcener in a Hindu joint family to be coparcener by birth in her own right in the same manner as the son or to have right of claim by birth. In fact, the HS Act did not deal with devolution of interest in the coparcenary property. Section 6 of the HS Act made it clear that, when a male Hindu dies after the commencement of the Act, having at the time of his death an interest in a Mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon the surviving members of the coparcenary and not in accordance with the Act. However, the proviso to the said Section speaks that, if a male Hindu dies leaving behind a surviving female relative specified in Class I of the Schedule or a male relative specified in that class who claims through such female relative, the interest of the deceased in the Mitakshara coparcenary property shall devolve by testamentary or intestate succession, as the case may be, under the Act and not by survivorship. The concept of the Mitakshara coparcenary property retained under Section 6 of the HS Act has not been amended ever since its enactment by continued to persist the inequality between a son and a daughter till 1985-86, even by any state. It is for the first time the then State of Andhra Pradesh brought the amendment by the Act,13/1986-(HS AP Amended Act) w.e.f. 5th September,1985 to the HS Act and the same mostly followed by a few states in India namely, Tamil Nadu-w.e.f.25th March,1989; Maharashtra- w.e.f.22nd June,1994; Karnataka-w.e.f.30th July,1994 and if not also by some other States, having considered the fact that a daughter needs to be treated equally with son both in the economic and social spheres and particularly to eradicate the evils of dowry demands and harassment after marriage at in-laws family. In so far as the State of Kerala concerned, it is the Kerala Joint Hindu Family System(Abolition) Act,1975-which is an independent statute and not an amendment to the Hindu Succession Act and came into force w.e.f. 01-12-1976, abolishes joint family system among Hindus in the State of Kerala, in respect of a tarwad or thavazi, a kutumba or kavaru, an illom and an undivided Hindu family governed by the Mitakshara law. Section 3 of the Act declares that on and after its commencement, birth in a family would not give rise to rights in property.
Section 29B- Interest to devolve by survivorship on death-
When a female Hindu dies after the commencement of the Hindu Succession(Andhra Pradesh Amendment)Act,1986 having at the time of her death an interest in a Mitakshara coparcenary property, her interest in the property shall devolve by survivorship upon the surviving members of the coparcenary and not in accordance this Act.
Provided that if the deceased had left any child or child of a predeceased child the interest of the deceased in the Mitakshara coparcenary property shall devolve by testamentary or intestate succession as the case may be, under this Act and not by survivorship.
Section 29C- Preferential right to acquire property in certain cases-
(1) Where, after the commencement of the Hindu Succession(Andhra Pradesh Amendment)Act,1986 an interest in any immovable property of an intestate or in any business carried on by him or her, whether solely or in conjunction with others devolves, under section 29A or section 29-B upon two or more heirs and any one of such heirs proposes to transfer his or her interest in the property or business, the other heirs shall have preferential right to acquire the interest proposed to be transferred.