What is the share of daughters in property under hsa


Apex court in Ganduri koteshwaramma case it is held daughter whose father died before 2005 amendment is coparcener and allotted equal share to her. But later co equal bench held father if died before 2005 amendment daughter is not coparcener. Whether earlier judgement is binding or not

Answers (5)


330 votes

please see which the larger bench of the Apex Court. It is better on your part to have personal hearing from experienced advocate on civil law. The law on coparcener is settled that the daughter must have his father alive on the date of coming into force of the Act, to have equal right along with sons, and also if there is no partition among the father and sons by valid deed.


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101 votes

later judgement is binding on bcoz supreme court clarified who is entitled the share in the property, hence daughter is not copasrcener. she can only entitled share from his father which falls to him.

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Apex court in Ganduri koteshwaramma case it is held daughter whose father died before 2005 amendment is coparcener and allotted equal share to her. But later co equal bench held father if died before 2005 amendment daughter is not coparcener. Whether earlier judgement is binding or not - earlier judgment is not binding

339 votes

It is now settled case law that a daughter will be entitled to an equal share in her father's ancestoral property if both she and her father were alive on the date from which the amendment came into force.

112 votes

Apex court finally held that the amendment to section 6 of Hindu Succession Act is prospective in nature as per the term " on and from and from the commencement of the Hindu succession amendment Act of 2005 " . You can go through http://www.lawyersclubindia.com/articles/Hindu-daughters-rights-to-seek-partition-in-ancestral-property-8077.asp for more details.

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