quesCan we recover the amount given to sister if father died in 2004

Our father's house property was sold in December 2013 and selling amount divided among our 2 brothers and 1 married sister.  Our father expired in June, 2004. Now, as per honourable SC judgement rendered on 16 October 2015; married daughter will not have rights to father's (expiring prior to 09 September 2005) property - when the Hindu Succession (Amendment Act), 2005 came into force.  Now, we shall be glad to know, if we are eligible for "recover" the selling amount from our sister and if so - the procedure of "recovering" the same.  Thank you,  The Brothers KOLKATA

  • ansIt is correct that Hon'ble Supreme Court passed a Judgment in the year of 2015 relating to the property inherited by the daughter from her father's Property. Here I would like to mention that, it is not for all Hindu.
    Actually there are two Schools of Hindu Law, namely Mitakshara School and the Dayabhaga School.
    The Mitakshara is of supreme authority throughout India except in Bengal. On the other hand, the Dayabhaga is of Supreme Authority in Bengal. But even in Bengal the Mitakshara is still regarded as a very high authority on all questions in respect of which there is no conflict between it and the Dayabhaga.
    The Dayabhaga has permitted the women to let in the coparcenary, whereas the Mitakshara has discarded this very notion.
    Here Supreme Court passed decision relating to the woman belongs to Mitakshara Family not Dayabhaga Family.
    Therefore, first you see which family you belongs too and thereafter we will discuss it leter.

    Advocate Sanjoy Acharjee

      A.C. College, Jalpaiguri

  • ansNo, you cannot.

    The SC in pronouncing this judgment has provided the much-needed clarity that the Amendment Act is prospective in its application, i.e., with respect to a Hindu family governed by Mitakshara law, a daughter would have a right in the ancestral property inherited by the father only if both the daughter and the father are alive at the time of commencement of the Amendment Act. No distributions of such properties of persons who passed away prior to 9 September 2005 can be re-opened or questioned by daughters. For the sake of clarity, it may be noted that the position with regard to succession to any self-acquired property (as against coparcenary property) of a Hindu male dying intestate remains unchanged, with the daughter being entitled to a simultaneous share in such self-acquired property as the son (in the absence of a will stating anything to the contrary).

    Advocate Aveek Bose

      Old Post Office Street, Kolkata

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