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Married Daughter's right in ancestral property
10-Dec-2023 (In Property Law)
My father had sold an ancestral land in the month of June and all formalities were completed subsequently. During past one year our relations with my Brother in law soured as he was not returning the borrowed money. As my brother in-law came to know about land being sold he had convinced my sister and she has sent a notice in December via SDM claiming land was sold without her knowledge and consent and she wants her share. I think married Daughter's too have right in ancestral property but not sure about once it's sold and claim coming after few months later. My father is not willing to give anything and is thinking of disowning my sister but I feel it won't help as it's ancestral property Q1. Wanted to know what legal option & if mother have share or not? Q2.Around 25% land was purchased by my Grandfather and as it is not considered as Ancestors property but we don't have any documents as it was bought 50 years back. is there any possibility for this purchased land for exemption.
The Supreme Court has recently said that a daughter's right to ancestral property does not arise if the father died before the amendment of Hindu law that came into force in 2005.
In 2005, the Supreme Court had passed a landmark amendment to The Hindu Succession Act of 1956, granting daughters the right to inherit ancestral property along with their male relatives. But now, a 'small' clause has been added to it.
A daughter can only hold a right to the ancestral property if the father has died after this amendment came into force in 2005, the Supreme Court rules. In other words, the father would have to be alive till September 9, 2005, for the daughter to become a co-sharer of his property along with her male siblings.
Adding that the amended provisions of the Hindu Succession (Amendment) Act, 2005, do not have a retrospective effect, a SC bench comprising Justices Anil R Dave and Adarsh K Goel held that the date of a daughter becoming co-parcener is on and from the commencement of the Act.
The Hindu Succession Act of 1956 originally denied women the right to inherit ancestral property, allowing them only to ask for sustenance from a joint Hindu family.
After the amendment was passed in 2005, the only restriction to remain was that women could not ask for a share if the property had been alienated or partitioned before December 20, 2004, which is the date the Bill was introduced.
In 2005, the Supreme Court had passed a landmark amendment to The Hindu Succession Act of 1956, granting daughters the right to inherit ancestral property along with their male relatives. But now, a 'small' clause has been added to it.
A daughter can only hold a right to the ancestral property if the father has died after this amendment came into force in 2005, the Supreme Court rules. In other words, the father would have to be alive till September 9, 2005, for the daughter to become a co-sharer of his property along with her male siblings.
Adding that the amended provisions of the Hindu Succession (Amendment) Act, 2005, do not have a retrospective effect, a SC bench comprising Justices Anil R Dave and Adarsh K Goel held that the date of a daughter becoming co-parcener is on and from the commencement of the Act.
The Hindu Succession Act of 1956 originally denied women the right to inherit ancestral property, allowing them only to ask for sustenance from a joint Hindu family.
After the amendment was passed in 2005, the only restriction to remain was that women could not ask for a share if the property had been alienated or partitioned before December 20, 2004, which is the date the Bill was introduced.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
Chat
you have ancestral land ( zamidar family) inherited by your grandfather from his father. your grandfather and four brothers have received his share of land. Do daughter have rights incestral property. For that we need to discuss your case
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Adv. Vivek Mishra
Allahabad | 500+ Answers
Chat
dear client as per your query you along with your sisters and brother and father have equal rights in the immovable property they have to take no objection if they are selling it if they have sell it you along with your sisters and brother can file an objection to it for future reference and consultation you can contact us with your relevant documents
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Adv. Rahul Rathi
Allahabad | 500+ Answers
Chat
agar property apki rihayshi me darz hai to apko zarur share milega ancestral property m lekin agar wah property farming m darj h to ladkiyo ko share nahi milega rihayshi m agar hai to chahe married ho ya unmarried unhe share milega
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Adv. Vinal Tyagi
Ghaziabad | 100+ Answers
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