Succession by survivorship -Equal rights to daughter in coparcenary property

Succession by survivorship -Equal rights to daughter in coparcenary property
29A.- Notwithstanding anything contained in Section 6
of this Act.

(i) in a Joint Hindu family governed by Mitakshara
Law, the daughter of a coparcener shall by birth
become a coparcener in her own right in the same
manner as the 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 liabilities and disabilities in respect
thereto as the son;

(ii) at a partition in such a joint Hindu Family 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 the partition shall be
allotted to the surviving child of such
predeceased son or of such pre-deceased
daughter;

Provided further that the share allotable
to the pre-deceased child of a pre-deceased 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-deceased 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;

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(iv) nothing in this chapter shall apply to a
daughter married before the commencement of
Hindu Succession (Tamil Nadu Amendment) Act,
1986.

(v) Nothing in clause (ii) shall supply to a
partition which had been effected before the
date of commencement of the Hindu
Succession(Tamil Nadu Amendment) Act, 1989.

29-B. Interest to devolve by survivorship on death

When a female Hindu dies after the
commencement of the Hindu Succession (Tamil Nadu
Amendment) Act, 1989 having at the time of her
death, an interest in a Mitakshara coparcenary
property by virtue of the provisions of Section
29-A, her interest in the property shall devolve
by survivorship upon the surviving members of
the coparcenary 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
coparcenary property shall devolve by
testamentary or intestate succession, as the
case may be, under this Act and not by
survivorship.

Explanation-I.- For the purposes of this section, the
interest of a female Hindu Mitakshara coparcener
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.

Explanation II: Nothing contained in the proviso to
this section shall be construed as enabling a
person who, before the death of deceased, had
separated himself or herself from the
coparcenary, or any of his or her heir to claim
on intestacy a share in the interest referred to
therein.

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29-C Preferential right to acquire property in
certain cases

(1) Where, after the commencement of the Hindu
Succession (Tamil Nadu Amendment) Act, 1989, 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
29B 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.

(2) The consideration for which any interest
in the property of the deceased may be
transferred under this section 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 incidential, 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
immovable property is situate or the business is
carried on, and includes any other court which
the State Government may, by notification in the
Tamil Nadu Government Gazette specify in this
behalf.

3. Certain Partitions to be null and void

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Notwithstanding anything contained in the
principal Act or in any other law for the time
being in force, where on or after the 25th day
of March, 1989 and before the date of
publication of the Act to the Tamil Nadu
Government Gazette, any partition in respect of
coparcenary property of a Joint Hindu Family has
been effected and such partition is not in
accordance with the provisions of the principal
Act, as amended by this Act, such partition
shall be deemed, to be, and to have always been,
null and void.

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