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Are daughters entitled to get a share in ancestral property


09-Jan-2023 (In Property Law)
There is a house in name of my grand father who has passed away in 1964. ii. my grandmother passed away in 2003 iii. They had 4 children (1)Son 1 (alive ) has two sons (2)Son 2 (died in 2003) has one son and one daughter (married) (3)daughter 1 (alive ) has three daughters ( married) ( 4)daughter2 (died in 2015) issueless iv. I want to know whether Daughters are also entitled to share in view of the judgment of the apex court: "the apex court held that amended provisions of the Hindu Succession (Amendment) Act,2005, do not have retrospective effect. A bench of Justices Anil R Dave and Adarsh K Goel my query is since my grandfather passed away before September 9, 2005,so the Hindu sussession Act is valid for his daughters or not? or whether daughter will be considered as legal heir for inherited property if the father passed away before September 9,2005? If we are going to register the property in our name ,whether daughters needs to be involved? Note I am the son of Son2
Answers (2)

Answer #1
614 votes
Depends on what law applies to you. The amendment in question relates to only mitakshara school of law and does not affect dayabhaga school of Hindu law. It really depends on where you are originally from.
Answer #2
990 votes
The said 2005 judgement is only applicable in the mitakshara family. Actually at the time of writing this answer i dont able to know your name and your origin (origin means from where your grandfather belonged, the place) otherwise for dayabhaga law that law, i.e., the section 6 of hindu succession act is not applicable. So, at first let me know from which state you belong.

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