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Daugter's right in inherited/ancestoral property
18-Aug-2023 (In Family Law)
My house in Lucknow, is in the name of my grand father, who never wrote a will and died in 1940. My father lived in house and died in 1987. Now, stake holders to this property are me, my brothers and sisters. No other Chacha or Tau family exists. So, property is to be divided among brother and sisters. My question is, does my sisters have right in the property ? I heard that in Nov 2015, Supreme court ruled that if father died before 2005, daughters will have no right. Please tell me, if sisters will have right on property or not ?
Your sisters will absolutely don't have any share in this ancestral property. You've been rightly told about the 2005 amendment in the Hindu Succession Act which gives daughter an equal right to inherit. However, the said law is applicable only prospective and thus for daughters to claim benefit of this law it is necessary that the father dies after 2005. Since your father died in 87, your sisters are not eligible to any share in the property.
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