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Can I claim in ancestral property after fathers death
13-Aug-2023 (In Property Law)
We are a Hindu Family. My Grand father expired in 1993 leaving behind One Son(My Father) and a Daughter(My Bhuva). He left behind a detailed Will based on which the House that he owned was to be given to my Father.Subsequently,My Father got the property transfered in his name in the local Municipality. He died in July'16 leaving the House for my Mother thru a Will.Now his Sister( My Bhuva) is asking for a share in my Father's property in which My Mother is currently staying. Does She have any any right now? Can She file a case in Court?. Please advice legally how covered are we?
Meaning of Ancestral property:-
Property inherited by a Hindu from his father, father’s father or father’s fathers’ father, is ancestral property. [U.R.Virupakshaiah vs Sarvamma & Anr, CIVIL APPEAL NO. 7346 OF 2008, (Arising out of SLP (C) No. 11785 OF 2007) Supreme Court of India ruling].
The married daughter have equal right in the parental property after the advent of amendment in Hindu Succession Act 1956, that came into force since 9th sept 2005.
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.
The issue came up before the bench of chief justice Mohit Shah, judges MS Sanklecha and MS Sonak after conflicting views on the matter expressed separately by a single judge and a division bench.
A division bench had opined that the amendment applied to daughters born on or after September 9, 2005. As regards daughters born before 9 September 2005, the judges held that they would get rights in the property upon the death of their father-coparcener (head of a joint family) on or after September 9, 2005.
Property inherited by a Hindu from his father, father’s father or father’s fathers’ father, is ancestral property. [U.R.Virupakshaiah vs Sarvamma & Anr, CIVIL APPEAL NO. 7346 OF 2008, (Arising out of SLP (C) No. 11785 OF 2007) Supreme Court of India ruling].
The married daughter have equal right in the parental property after the advent of amendment in Hindu Succession Act 1956, that came into force since 9th sept 2005.
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.
The issue came up before the bench of chief justice Mohit Shah, judges MS Sanklecha and MS Sonak after conflicting views on the matter expressed separately by a single judge and a division bench.
A division bench had opined that the amendment applied to daughters born on or after September 9, 2005. As regards daughters born before 9 September 2005, the judges held that they would get rights in the property upon the death of their father-coparcener (head of a joint family) on or after September 9, 2005.
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