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Can married sister make claim in ancestral property after years?
25-Aug-2023 (In Property Law)
Our grandfather expired 40(forty) years ago. After his death the property was distributed by our fathers among them and who sold most of their inherited properties and passed on it us the leftover of their shares. Our aunts who are 80 years and 70 years of age at present and married since 64 years and 50 years respectively now claiming for their father's property. Could they claim for the property after so many years? If they can how much they are entitled and who are liable to pay them?'
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 and incorporation of Section 6 of Hindu Succession Act .
A bare perusal of sub-section (1) of Section 6 would clearly show that the legislative intent in enacting clause
(a) is prospective i.e. daughter born on or after 9 September 2005 will become a coparcener by birth,
but the legislative intent in enacting clauses (b) & (c) is retroactive, because rights in the coparcenary property are conferred by clause (b) on the daughter who was already born before the amendment, and who is alive on the date of Amendment coming into force. Hence, if a daughter of a coparcener had died before 9 September 2005, since she would not have acquired any rights in the coparcenary property; her heirs would have no right in the coparcenary property.
Two conditions necessary for applicability of Amended Section 6(1) are:
(i) The daughter of the coparcener (daughter claiming benefit of amended Section 6) should be alive on the date of amendment coming into force; and
(ii) The property in question must be available on the date of the commencement of the Act as coparcenary property.
Section 6 as amended by the 2005 Amendment Act held to be retroactive in nature meaning thereby the rights under Section 6(1)(b) and (c) and under sub-Rule (2) are available to all daughters living on the date of coming into force of the 2005 Amendment Act i.e. on 9 September 2005, though born prior to 9 September 2005 and as obvious effect, the daughters born on or after 9 September 2005 are entitled to get the benefits of Amended Section 6 of the Act under clause (a) of sub section
Therefore, if the property in question is sold before the commencement of the amendment then , they will have no right on the property.
However, if the property exists and the daughters are alive then she will have the right on the property.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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