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Hindu Succession law 2005
18-Nov-2023 (In Family Law)
We have two brothers and one sister (me) , my father died in Aug 2000 leaving apx. 6 acre of land that is owned my father. My one brother & his wife also died in January 2000 leaving 3 children. My elder brother says that there is no right of daughter. Is it so , area of jurisdiction is Madhya Pradesh. At the time of mutation my name is entered in run pistols. Can he prohibit from my claim in property. Please guide me.
A Hindu woman or girl will have equal property rights along with other male relatives for any partition made in intestate succession after September 2005, the Supreme Court has ruled.
A bench of justices R. M. Lodha and Jagdish Singh Khehar in a judgment said that under the Hindu Succession (Amendment) Act, 2005, the daughters are entitled to equal inheritance rights along with other male siblings, which was not available to them prior to the amendment.
The apex court said the female inheritors would not only have the succession rights but also the same liabilities fastened on the property along with the male members.
“The new Section 6 provides for parity of rights in the coparcenary property among male and female members of a joint Hindu family on and from September 9, 2005. The legislature has now conferred substantive right in favour of the daughters.
“According to the new Section 6, the daughter of a coparcener becomes a coparcener by birth in her own rights and liabilities in the same manner as the son. The declaration in Section 6 that the daughter of the coparcener shall have same rights and liabilities in the coparcenary property as she would have been a son is unambiguous and unequivocal.
In view of above provision, we suggest you to file a suit for partition and seek your share in the property. Further you can file an application for temporary injunction thereby seeking stay on the said property, so that your brother cannot sell the said property.
A bench of justices R. M. Lodha and Jagdish Singh Khehar in a judgment said that under the Hindu Succession (Amendment) Act, 2005, the daughters are entitled to equal inheritance rights along with other male siblings, which was not available to them prior to the amendment.
The apex court said the female inheritors would not only have the succession rights but also the same liabilities fastened on the property along with the male members.
“The new Section 6 provides for parity of rights in the coparcenary property among male and female members of a joint Hindu family on and from September 9, 2005. The legislature has now conferred substantive right in favour of the daughters.
“According to the new Section 6, the daughter of a coparcener becomes a coparcener by birth in her own rights and liabilities in the same manner as the son. The declaration in Section 6 that the daughter of the coparcener shall have same rights and liabilities in the coparcenary property as she would have been a son is unambiguous and unequivocal.
In view of above provision, we suggest you to file a suit for partition and seek your share in the property. Further you can file an application for temporary injunction thereby seeking stay on the said property, so that your brother cannot sell the said property.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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