29-A. 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 a 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 pre-deceased son or of such pre-deceased daughter:
Provided further that the share allotable to the pre-deceased child of a predeceased 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 predeceased 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 date of the
commencement of the Hindu Succession (Tamil Nadu Amendment) Act, 1989;
(v) nothing in clause (ii) shall apply to a partition which had been effected before the date of
the 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 date
of 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 the deceased, had separated himself or herself from the coparcenary
or any of his or her heirs to claim on intestacy a share in the interest referred to therein.
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29-C. Preferential right to acquire property in certain cases.--(1) Where, after the date of 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 29-A or section 29-B 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 a 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 incidental 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.".]
[Vide Tamil Nadu Act 1 of 1990, s. 2]