Part-1: Section 6 of Hindu Succession Act after amendment and shares in Property in Partition(2020) скачать в хорошем качестве

Part-1: Section 6 of Hindu Succession Act after amendment and shares in Property in Partition(2020)

#HinduFamilyPartition #HinduSuccessionLaws #SupremeCourt #Daughter'sPropertyRights Part-2: Basics of Partition of Hindu Joint Family in Question-Answer From    • Part-2:Partition of Hindu Joint Family Pro...   UNDERSTANDING SECTION 6 OF HINDU SUCCESSION ACT AFTER AMENDMENT IN 2005 With which kind of property the section 6 of Hindu Succession Act deals with? Please understand this section 6 deals with Devolution of interest in coparcenary property. I would request you to keep in mind this fact. Next question is How it deals with share of son and daughter? Sub sectoin (1) of section 6 says from 2005 amendment, in a Joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall become a coparcener by birth in her own right and would have same right like son. Also she would have same liability. What is the cut off date for past partition which will not be disturbed? The proviso of sub section 1 gives the cut off point of 20th December, 2004. What is the effect of this cut off point? Please mind the language of this proviso. Any disposition or alienation including any partition or testamentary disposition of property which had taken place before the 20th day of December, 2004 will not be invalid due to amendment of 2005. What will be the nature of property received by a female coparcenar? The sub section 2 of sec 6 says that the female cooparcenor getting property will have the power to dispose of the same by testamentary disposition. It means the property will take a color of self acquired property. There is a very famous judgment of SC on the point of nature of property, which I will discuss later. What happens when a Hindu male dies intestate? According to sub section 3 of section 6,  Where a Hindu dies after 2005 Amendment, his interest in the property of a Joint Hindu family governed by the Mitakshara law, shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship. This sub section also speaks about the coparcenary property that it shall be deemed to have been divided as if a partition had taken place and son and daughter will get same share. The share of pre-deceased son or daughter or grandson or grand daughter or so will go to their surviving child. Supreme Court in Vineeta Sharma deals this point and I have discussed in my previous video. There is an important explanation is given with this subsection. The interest of a Hindu Mitakshara coparcener shall be deemed to be the share in the property that would have been allotted to him if a partition of the property had taken place immediately before his death, irrespective of whether he was entitled to claim partition or not. Why this explanation is added here because earlier daughter were not entitled to ask for partition. What is the change in the concept of pious obligation in 2005 amendment? This sub section 4 deals with important aspect of Pious Obligation, which were earlier cast upon son, grandson and great grandson. After 2005, no court shall recognise any right to proceed against a son, grandson or great­-grandson for the recovery of any debt due from his father, grandfather or great-grandfather solely on the ground of the pious obligation under the Hindu law. What kinds of creditors are exempted from this pious obligation shift? Through a Proviso, any debt contracted before 2005 is saved. It has two exemptions, first the right of any creditor to proceed against the son, grandson or great-grandson, as the case may be; or Secondly, if any alienation made in respect of or in satisfaction of any such debt, then such right and or alienation shall be enforceable as 2005 amendment is not enacted. What about the partition already taken place? When such a sweeping change is introduced in the partition of property, some safeguard is required for transaction or partition already taken place. Sub section 5 says “Nothing contained in this section shall apply to a partition, which has been effected before the 20th day of December, 2004.” What kind of past partitions are saved? Another important concept is Hindu Undivided Family (HUF). This offers specific advantages in taxation as the HUF is an independent assessable or taxable entity. The Hindu Law defines the HUF as a family, which consists of males lineally descended from a common ancestor and includes their wives and unmarried daughters. An HUF is automatically constituted after marriage. It can also be formed by partition of an existing HUF into multiple units.  An important requisite for the constitution of an HUF is its corpus or capital known as hotch potch. At the beginning of this video, I gave you a query of one Chandan Kumar. Please share your response. I will reply to every response from your side. I will also discuss your response in next video. Please watch the video related to judgment of Supreme Court in Vineeta Sharma Vs. Rakesh Sharma    • Supreme Court on coparcenary rights of Dau...