Legal Question in Family Law in India

in (2006) 8 SCC 581 = (2007) 1 MLJ 797 (SC)[SHEELA DEVI AND OTHERS v. LAL CHAND AND ANOTHER), the court decided that partition opens up on the date of the hindu women's father. Thus a 'birthright' as per the act depends upon the death date of the hindu woman's father !! If the woman is from Andhra pradesh, her father should have died after 1985, if she is from Maharastra ,her father should have died afte 1994 and so on for AP and TN . If she is from rest of India, her father should have died after 9.9.2005. It appears to be a convoluted logic that is being applied by various courts in India. For all the women who lost their father before 9.9.2005, this amendmend has no meaning at all.

Above is the extract of a download. We belong to Andhra Pradesh. My paternal grand father died in 1961. What about the birth right of my paternal aunt. As can be seen from the above extract she has no right at all. Kindly clarify.


Asked on 10/30/09, 6:34 am

1 Answer from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You may want to consult a local lawyer and discuss the legal position vis-a-vis facts of your case.

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Answered on 10/31/09, 1:27 pm


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