Amendment act will apply prospectively and not retrospectively
since your father died in 2011 on his demise his mother would be one of legal heirs and on her demise in 2014 her share would devolve on her legal heirs as per provisions of HSA
Predeceased son - Hindu female
Hello, - My father (Hindu) died intestate 2011 - Fathers mother (Hindu) died intestate 2014 Kerala enacted Hindu Succession Act Amendment (copied below) in 2016. Will the amendment apply retrospectively, retroactively or prospectively. Will the property rights originally devolved upon my grandmother be devolving upon myself and my mother since no partition was executed till date by my grandmother? This query is only for self-acquired properties of my late father. Though on a different context, I read that the Hindu Succession Act amendment of 2005 applies retroactively being a birth right for a girl child. With the same logic wouldn't this case also retroactively apply ? Amendment of Section 15 - In The Hindu Succession Act, 1956 (Central Act 30 of 1956), in section 15, after clause (b) of subsection (2), the following clause shall be inserted namely:- (c) any property inherited by a female Hindu from her predeceased son shall devolve, not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heir of the predeceased son from whom she inherited the property".
Asked 1 year ago in Property Law
Religion: Hindu
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4 Answers
The said amendment should have retrospective effect as per my opinion.
If you are entitled to a share by this law, you may file a suit to claim your rights, let the court decide your eligibility
Prospectively. If your father is only child than everything will inherit by you and your mother. And grand mother property will inherit in you only.
Dear Client,
Laws are presumed to apply prospectively unless there is clear language indicating that they should apply retrospectively. This is particularly true in matters of succession, where the rights of heirs typically vest at the time of the decedent’s death. This amendment does not explicitly state that it applies retrospectively. As such, it would normally apply prospectively to cases of succession occurring after the amendment came into force. At the time of your grandmother’s death in 2014, the amendment had not yet been enacted. Therefore, the devolution of her property would be governed by the laws in effect at that time, which did not include the 2016 amendment. Under the pre-amendment law, the property would typically go to her own heirs, which may include her other children, and not necessarily revert back to the heirs of her predeceased son. The 2005 amendment to the Hindu Succession Act was interpreted by the courts to apply retroactively because it dealt with a daughter’s birthright to coparcenary property. This was a fundamental change recognizing the equal status of daughters. Kerala Amendment (2016), however, deals with the succession of property inherited by a female Hindu from her predeceased son. This does not relate to birthrights but to the specific circumstances of inheritance.
