THE HINDU SUCCESSION (KARNATAKA AMENDMENT) ACT, 1990.
ARRANGEMENT OF SECTIONS
Sections :
1. Short title and commencement.
2. Insertion of new sections in Central Act XXX of 1956.
STATEMENT OF OBJECTS AND REASONS
Act 23 of 1994.- Social justice requires that a woman should have economic independence and social security. The Mitakshara personal law in respect of Mitkshara Coparcenary property, while conferring right by birth to sons in coparcenary property excludes the daughters. The exclusion of daughters from participating in coparcenary ownership merely by reason of their sex is unjust. Improving their economic condition and social status by giving them right by birth equal to that of sons is a long felt social need. It will also go a long way in eradicating the evils of dowry system prevailing in our society. It is proposed to amend the Hindu Succession Act, 1956 in its application to the State of Karnataka suitably to achieve the object.
Hence this Bill.
(Published in the Karnataka Gazette (Extraordinary) Part IV-2A, as No. 608 dated 20-11-1990 at page 6)
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KARNATAKA ACT No. 23 OF 1994.
(First published in the Karnataka Gazette Extraordinary on the Thirtieth day of July, 1994)
THE HINDU SUCCESSION (KARNATAKA AMENDMENT) ACT, 1990.
(Received the assent of the President on the Twenty-eighth day of July, 1994)
An Act to amend the Hindu Succession Act, 1956 in its application to the State of Karnataka
WHEREAS the Constitution of India has proclaimed equality before law as a fundamental right;
And whereas the exclusion of the daughter from participation in co-parcenary ownership merely by reason of her sex is contrary thereto;
And whereas the baneful system of dowry has to be eradicated by positive measure which will simultaneously ameliorate the condition of women in the Hindu society;
BE it enacted by the Karnataka State Legislature in the Forty-first year of the Republic of India as follows ;
1. Short title and commencement.- (1) This Act may be called the Hindu Succession (Karnataka Amendment) Act, 1990.
(2) It shall come into force at once.
2. Insertion of new sections in Central Act XXX of 1956.- In the Hindu Succession Act, 1956 (Central Act XXX of 1956) after section 6, the following sections shall be inserted, namely:-
“6A. Equal rights to daughter in co-parcenary property.- Notwithstanding anything contained in section 6 of this Act,-
(a) in a joint Hindu family governed by Mitakshara law, the daughter of a co-parcener shall by birth become a co-parcener in her own right in the same manner as the son and have the same rights in the co-parcenary 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;
(b) at a partition in such Joint Hindu Family the co-parcenary 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 predeceased son or a predeceased 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 predeceased son or of such predeceased daughter:
Provided further that the share allotable to the predeceased child of the predeceased son or of a predeceased daughter, if such child had been alive at the time of the partition, shall be allotted to the child of such predeceased child of the predeceased son or of such predeceased daughter, as the case may be;
(c) any property to which a female Hindu becomes entitled by virtue of the provisions of clause (a) shall be held by her with the incidents of co-parcenary 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;
(d) nothing in clause (b) shall apply to a daughter married prior to or to a partition which had been effected before the commencement of Hindu Succession (Karnataka Amendment) Act, 1990.
6B. Interest to devolve by survivorship on death.- When a female Hindu dies after the commencement of the Hindu Succession (Karnataka Amendment) Act, 1990, having at the time of her death an interest in a Mitakshara co-parcenary property, her interest in the property shall devolve by survivorship upon the surviving members of the co-parcenary and not in accordance with this Act:
Provided that if the deceased had left any child or child of a pre-deceased child, the interest of the deceased in the Mitakshara co-parcenary property shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship.
Explanation.- (1) For the purposes of this section the interest of female Hindu Mitakshara co-parcener shall be deemed to be the share in the property that would have been allotted to her if a partition of the property had taken place immediately before her death, irrespective of whether she was entitled to claim partition or not.
(2) Nothing contained in the proviso to this section shall be construed as enabling a person who, before the death of the deceased had separated himself or herself from the co-parcenary, or any of his or her heirs to claim on intestacy a share in the interest referred to therein.
6C. Preferential right to acquire property in certain cases.- (1) Where, after the commencement of Hindu Succession (Karnataka Amendment) Act, 1990 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 sections 6A or 6B 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 a preferential right to acquire the interest proposed to be transferred.
(2) The consideration for which any interest in the property of the deceased may be transferred under sub-section (1) shall, in the absence of any agreement between the parties, be determined by the court, on application, being made to it in this behalf, and if any person proposing to acquire the interest is not willing to acquire it for the consideration so determined, such person shall be liable to pay all costs of or incidental to the application.
(3) If there are two or more heirs proposing to acquire any interest under, this section, that heir who offers the highest consideration for the transfer shall be preferred.
Explanation.- In this section ‘Court’ means the court within the limits of whose jurisdiction the immoveable property is situate or the business is carried on, and includes any other court which the State Government may by notification in the official Gazette specify in this behalf”.
Does it mean to say the Father’s property (his own made), after his death & his wife’s death, is subjected to equal sharing amongst Sons & Daughters (Married before his death)? and what about Children of Sons & Daughters? Are they also eligible for share in their Grand Father’s property?
Dear Mr.Prasd,
Self acquired property of father, if he dies intestate is equally shared among his 1st class legal heirs.
ecopackindia team
Hi,
I am from bangalore (Female, 24 yrs old) My father died before I got married without any will. After his death, my brother forced me and my sister to sign a legal document that we will not claim any share in our fathers property. I was 22 when I signed the papers. Now I am married and have a kid. When he asked us to sign the paper we had a domestic problem, so he said that this is just a formaily and nothing to worry in the future. But now after our marriage he denied to give any share and claims that we do not have any ownership in the property. Is this true that we cannot claim a share in the property now? He has taken the business as well the two houses and other property and not a share he spared us. The entire proper is self aquired by my father.
Dear Ms.Aparna,
No body can deny your right, claim and interest in your father`s property, if it is either self acquired or ancestral.
But, you are not clear about the documents signed by your and your sister.
But, Still, you can file a partition suit. Please collect all and every details(documentary evidence) about your fathers property, business and other deposits, before filing the partition suit.
ecopackindia team
Hi,
Thanks for your reply.
My brother asked us to sign a legal document which stated “Release deed” where me and sister were named as “Relesors” and my mom and brother were names as “Release”. The release deed was executed only for the house does not mention the business or any other bank deposits. Unfortunately we do have access to any documents realted to the business and other bank deposits. Our brother has taken the business as well the house. Whom should we go to in this situation. My brother claims that since we have signed the release deed we cannot claim anything now and he will not share anything with us.
Dear Ms.Aparna,
You are well aware about the release deed before signing it. You cannot say that you are ignorant or did not know anything about it. How did you all of a sudden got KNOWLEDGE AND AWARENESS? As you have already released or relinquished your claim, you cannot possibly win.
Check out: is it a registered release deed?
If not, you can file a partition suit. He would have conducted your marriages and there would have been some business debts etc, for which you would have agreed and signed the release deed. IGNORANCE OF LAW IS NO EXCUSE, but you can still fight a loosing battle, if you do not have relevant documents related to the business. Prepare well, before you initiate legal action. THE BURDEN OF PROOF LIES ON YOU TO PROVE YOUR CLAIMS WITH CLEAR CUT EVIDENCE.
ecopackindia team
Hi,
I would also like to know if apply for a partition suit can I obtain a stay order to hold off the business until the dispute is settled? As we also equally contributed to the business which our brother has taken it from us.
Thanks
Aparna
Dear Ms.Aparna,
Was your father owned or was he the proprietor of the business or was he a partner?
If so, what are documentary evidence you have to prove it. What are the grounds for obtaining the stay order. Moreover, the burden of proof lies on you.
Please obtain the details or documents regarding:
Partnership deed, if any, VAT No Certificate, Professional Tax Certificate,Income Tax returns of your father, Balance Sheet of the Firm,Lease deed or rent agreement of the business,Pan number etc before you proceed.
Proof for having invested or contributed to the business? Declaration or statement will not do any good, if must be supported by documentary evidence, that you had good and disposable income and the details regarding your contribution.
ecopackindia team
HI,
My sister was married in 1973 and is now asking for a equal share in property through legal measures.Will this law hold good keeping in mind the date of her marriage as per hindu succession act 1956 regarding Karnataka states’ amendment??
Dear Sir,
Please read the HSA amendment, it is clear. As on 20-12-2004, if the property had not been partitioned through registered partition deed or alienated(sold) through registered sale deed or through a decree of the court or dispossessed, all the coparcenars (irrespective of their gender)have equal right and claim over the schedule property.
ecopackindia team
I am 22 yrs old and still studying, am unmarried, me and my brother stay at our home, which is father’s self acquired property, my brother is working but his income is not sufficient for us to survive.
Father never looked after us properly since we were born, and my mother was not treated well, and she died of arthritis (in 2003) which father didn’t looked after her properly, we were put in a room and never given proper food, education and my mother was ill-treated. We were young and not in a position to go to the law then.
Now father has got married again and he is not been staying with us since second marriage. But we have been staying here since birth.
Now father is selling his property without giving anything to me or my brother, we have no place to stay (in Bangalore). Do i have the Rights to father’s self-acquired property? Or can i file any case against this in a court to get a justice?
Dear Ms.Chaitanya,
You have no right in your father`s self acquired property.
No one has any right, interest and claim over the self acquired property in the lifetime of the person, he can deal and dispose off it in any manner he wishes and nobody including the wife and children can obstruct the sale. He is the absolute owner with clear titles.
ecopackindia team
Then what about us? Where do we go? He has not provided us proper education so we can leave for ourselves, and he has not taken his responsibility as a father should take. He has also tortured my mother and she passed away few years back.
Now he got married again (Second marriage) at the age of 60 plus, and the step-mother wants to acquire all of his property, is there nothing i can do about it?
Why is the law so weak, that the children’s of their own father does not have any rights to ask for anything, so the children’s can leave their life?
Dear Ms.Chaitanya,
You cannot claim or initiate any proceedings against your father, if it is a self acquired property. The law is not weak.If it is not beneficial to you, cannot term it as weak. You are the creator of your own destiny. Why should you depend on him?
ecopackindia team
Hi,
My father-in-Law had a property given by Army. He sold this property 7 years back for his expenses for the family. Now his elder married daughter is now asking for the share of this property which is already sold. My husband is a brother who does not have any property left with him. Recently I and my husband purchase a property on loan basis.
His elder sister is now asking for the share of the father’s property which he has already sold.
Is she eligible for the share or not. Kindly let me know about this.
Dear Ms.Nirmala,
As per your aversions, the property appears to be self acquired. Your father in law had all the right, title and interest and disposed it off as he liked.
She cannot claim or demand any share in your self acquired property.
ecopackindia team