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Daughters right on Grandparents property if father died before 2006
19-Jul-2023 (In Family Law)
Hence, your sisters and all other legal heirs to your grandfather will have an equal share in property and the property will be divided equally among them if your father was alive on 9th September 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.
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Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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