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Report No. 174


Succession by survivorship

29A.- Equal rights to daughter in coparcenary property - 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;

(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.

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. 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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