Women's Property Rights in Tamilnadu - Call your Lawyer to stop the discrimination by your family @ 9840802218

One has to consider the rights of the sisters even before the amended Act 2005, i.e from the date of death of the father. It is not correct to assume that the daughters had no right at all in the joint family property before the Amendment Act, 2005. They had a right in the father's share along with mother and brothers after the Hindu Succession Act, 1956. The only difference is that the Amendment Act gave them a larger right equal to that of the brother as a coparcener and not merely as a successor to the share of the father to be shared with the brothers and the mother as under the Hindu Succession Act, prior to amendment. It also requires notice that the mother's share out of the father's share in the joint family property will devolve on sons and daughters equally on her death , as it is her individual property.

But the right of the daughters prior to the Amendment Act demarcates their interest in the joint family property. Such right can be enforced on their demand for partition or on the occasion of partition. Since it appears that it has not been done, their right to this extent available on the pre-amendment law would remain with them.

But their right got enlarged, if they were unmarried under the State amendment which recognised the right of unmarried daughters in Andhra Pradesh with effect from September 5, 1985, Tamil Nadu with effect from March 25, 1989, Karnataka with effect from July 30, 1994 and Maharashtra with effect from June 22, 1984 with some other States following this law giving them equal right as the sons but confined only to the daughters who were unmarried as on the date on which the respective law came into force. But as stated earlier, if they had not asked for partition, their right will stand demarcated in the joint family property to be available to them on partition. But both married and unmarried daughters have a share out of mother's share, which will go to reduce the joint family property on mother's death.

The law in Tamil Nadu had already come into force on March 25, 1989, the unmarried sisters therefore have a right in the joint family property equal to that of the reader. If, on the other hand, as presumed by the reader, the property was not joint family property but the absolute property of the father, both married and unmarried daughters, after the Hindu Succession Act had come into force, would have equal right because the law would recognize succession of wife, mother, sons and daughters as Class-I heirs with equal right.

Hindu Succession (Amendment) Act, 2005, would make no difference on succession prior to September 5, 2005, the date on which it had come into force.

These are matters of civil law relating to which broad aspects of succession law are indicated in view of frequent enquiries addressed to this column. The reader is advised to get competent legal advice on the Hindu succession law, if he needs it.

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