Can married sister claim for her share in property
01-Jul-2023 (In Consumer Court Law)
Father has already divided the shares in brothers now again married sister claiming for the property can she get her shares in house and land?
The Hindu Succession Act, 1956, originally didn't give daughters equal rights to ancestral property. This disparity was removed by an amendment that came into force on September 9, 2005 and incorporation of Section 6 of Hindu Succession Act .
A bare perusal of sub-section (1) of Section 6 would clearly show that the legislative intent in enacting clause
(a) is prospective i.e. daughter born on or after 9 September 2005 will become a coparcener by birth,
but the legislative intent in enacting clauses (b) & (c) is retroactive, because rights in the coparcenary property are conferred by clause (b) on the daughter who was already born before the amendment, and who is alive on the date of Amendment coming into force. Hence, if a daughter of a coparcener had died before 9 September 2005, since she would not have acquired any rights in the coparcenary property; her heirs would have no right in the coparcenary property.
Two conditions necessary for applicability of Amended Section 6(1) are:
(i) The daughter of the coparcener (daughter claiming benefit of amended Section 6) should be alive on the date of amendment coming into force; and
(ii) The property in question must be available on the date of the commencement of the Act as coparcenary property.
Section 6 as amended by the 2005 Amendment Act held to be retroactive in nature meaning thereby the rights under Section 6(1)(b) and (c) and under sub-Rule (2) are available to all daughters living on the date of coming into force of the 2005 Amendment Act i.e. on 9 September 2005, though born prior to 9 September 2005 and as obvious effect, the daughters born on or after 9 September 2005 are entitled to get the benefits of Amended Section 6 of the Act under clause (a) of sub section
Therefore, if the property in question is sold before the commencement of the amendment then , they will have no right on the property.
However, if the property exists and the daughters are alive then she will have the right on the property.
A bare perusal of sub-section (1) of Section 6 would clearly show that the legislative intent in enacting clause
(a) is prospective i.e. daughter born on or after 9 September 2005 will become a coparcener by birth,
but the legislative intent in enacting clauses (b) & (c) is retroactive, because rights in the coparcenary property are conferred by clause (b) on the daughter who was already born before the amendment, and who is alive on the date of Amendment coming into force. Hence, if a daughter of a coparcener had died before 9 September 2005, since she would not have acquired any rights in the coparcenary property; her heirs would have no right in the coparcenary property.
Two conditions necessary for applicability of Amended Section 6(1) are:
(i) The daughter of the coparcener (daughter claiming benefit of amended Section 6) should be alive on the date of amendment coming into force; and
(ii) The property in question must be available on the date of the commencement of the Act as coparcenary property.
Section 6 as amended by the 2005 Amendment Act held to be retroactive in nature meaning thereby the rights under Section 6(1)(b) and (c) and under sub-Rule (2) are available to all daughters living on the date of coming into force of the 2005 Amendment Act i.e. on 9 September 2005, though born prior to 9 September 2005 and as obvious effect, the daughters born on or after 9 September 2005 are entitled to get the benefits of Amended Section 6 of the Act under clause (a) of sub section
Therefore, if the property in question is sold before the commencement of the amendment then , they will have no right on the property.
However, if the property exists and the daughters are alive then she will have the right on the property.
If property is ancestral then married daughter can claim her share in father's property. She can file a suit for reassessment of share, But if purchased by father then not possible. Father can give his bought property to anyone.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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