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Can daughters inherit fathers self acquired property
20-Jun-2023 (In Property Law)
I am quoting the judgement below: Quote 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. UNQUOTE. I want to know if this applies to SELF ACQUIRED property also in Mumbai,Maharashtra. This point is not explicitly brought out in the judgement. Ours is a Hindu family.
Daughters have equal right in the self acquired property of the father. The daughters can claim equal share in the property as son after the death of the father if the father has not left any will for the property,.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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Ancestral property under Hindu Law is called Coparcenary property, wherein after the 2005 amendment, even the daughters borne in any such Joint Hindu Family will also get their share like the sons. Before the amendment, only male members of the Joint Hindu family were called Coparceners.
On the other hand, a self-acquired property is any property purchased by an individual from his own resources or any property he acquired as a part of the division of any Ancestral/Coparcenary property. This also includes a property obtained through a legal heir or by any Testamentary document like Will.
Ancestral property under Hindu Law is called Coparcenary property, wherein after the 2005 amendment, even the daughters borne in any such Joint Hindu Family will also get their share like the sons. Before the amendment, only male members of the Joint Hindu family were called Coparceners.
On the other hand, a self-acquired property is any property purchased by an individual from his own resources or any property he acquired as a part of the division of any Ancestral/Coparcenary property. This also includes a property obtained through a legal heir or by any Testamentary document like Will.
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Adv. Bharat Pandirao Pawar
Pune | 500+ Answers
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