Daughter's share in father's property after recent judgement


Sir, Sir My grandfather had 4 sisters and 2 brothers (My father and another son) my grandfather wanted to give all the property to my dad he had made all the WILL but my father refused to sign. later after the death of my grandfather (died on 1987) sisters of my father turned against my father and started harassing my father for the property and went to court. now the case is in court from the past 25 yrs. My question 1) does ladies have right on the property after seeing the following story. 2) according to the new law from supreme court ladies dont have right on the property if father died before September 9th 2005 will that law be applicable to the above case. please want valuable thoughts for the above case...

Answers (1)


299 votes

YES,
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.

The bench's final word :
The full bench disagreed with this and stated that the daughters would have equal share in the ancestral property, irrespective of their date of birth.
"The amended section 6 applies to daughters born prior to June 17, 1956 or thereafter (between June 17, 1956 and September 8, 2005), provided they are alive on September 9, 2005, that is on the date when the amendment act of 2005 came into force," the judges observed in their order, running into 72 pages.

Now in the first case your mother and other sibling cannot claim the share as that was gifted by you grandfather in his life time. However all of the children (i.e 3 sisters including your mother and 1 brother) of your grandfather have equal right on the other house and plot land .

The gift from father to his son is not part of ancestral property as the son does not inherit the property on the death of the grandfather or receive it by partition made by the grandfather during his lifetime. The grandson has no legal right on such property because his grandfather chose to bestow a favour on his father which he could have bestowed on any other person as well.
Thus, the interest which he takes in such property must depend upon the will of the grantor and therefore, when the son has got the property from his father as a gift, his sons or daughter cannot claim part in it calling it ancestral property. He can alienate the gifted property to anyone he likes and in any way he likes. Such a property is treated as self-acquired property, provided there is no expressed intention in the deed of the gift by the grandfather while gifting the property to his son. (C. N. Arunachala Mudaliar vs C. A. Muruganatha Mudaliar)

Sons and daughters have property rights only on the properties that have devolved upon their father and become ancestral property in the father’s hands.
It is further suggested to have the legal opinion before proceeding further. This is only the rough idea which I have shared.


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