Legal Question in Civil Litigation in India

Hindu Succession(Amendment)Act 2005

Hindu Succssion(Amendment)Act 2005 is very clear that

i) partition effected either by way a registered partition deed or a court decree, prior to 24.10.2004 is not affected by virtue the amendment.

ii) alienation of property made prior to 24.10.2004 cannot be invalidated.

Partition suit was decreed in August, 2004. The property was alienated to third parties in Sept., 2004. Can a daughter file a suit for partition disputing the said alienation without challenging the said decree. In my view, she cannot do so by virtue of the bar created by the statute because the alienation and partition took place before 24.10.2004 i.e. the commencement of the said Act.

Please clarify.

I heard Law Commission of India recommended to include Oral Partition to the explanation appended to Sec.6 (5) of the Act.

Whether that reccommendation has been accepted?


Asked on 4/24/09, 10:46 pm

2 Answers from Attorneys
Pranav Desai PD Legal & Associates

Re: Hindu Succession(Amendment)Act 2005

Any recommendation by a the law commission has to be followed a specific procedure under the Constitution of India before it can be appended to section.Hence your question is too premature at this point of time

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Answered on 4/27/09, 8:17 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Hindu Succession(Amendment)Act 2005

Your question at this stage seems to be pre-mature. Please specify your problem and provide complete facts of your case. Has the alienation in question been challenged in the court ?

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Answered on 4/25/09, 2:23 pm


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