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Can daughter claim her share after the sale of ancestral property
13-Oct-2023 (In Property Law)
A Hindu father has sold his ancestral property in Feb 2005 with concent of his son and without concent of his daughter. Can daughter now file a case to against this sale and get her share of property?
Yes definitely, a married daughter have rights on her father’s property as according to the Hindu Succession (Amendment) Act, 2005.
In 2005, the Supreme Court had passed a landmark amendment to the Hindu Succession Act of 1956 as the Hindu Succession (Amendment) Act, 2005, granting daughters the right to inherit ancestral property along with their male relatives. But 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.
But the Supreme Court again on February, 2018 made a look into this matter and held a daughter (living or dead) on the date of amendment will be entitled to share in father’s property, thus making her children too to claim this right.
The Supreme Court ruled, “The amended provision (Section 6 of Hindu Succession Act) now statutorily recognises the rights of coparceners of daughters as well since birth..It is the very factum of birth in a coparcenary that creates the coparcenary, therefore the sons and daughters of a coparcener become coparceners by virtue of birth.”
In 2005, the Supreme Court had passed a landmark amendment to the Hindu Succession Act of 1956 as the Hindu Succession (Amendment) Act, 2005, granting daughters the right to inherit ancestral property along with their male relatives. But 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.
But the Supreme Court again on February, 2018 made a look into this matter and held a daughter (living or dead) on the date of amendment will be entitled to share in father’s property, thus making her children too to claim this right.
The Supreme Court ruled, “The amended provision (Section 6 of Hindu Succession Act) now statutorily recognises the rights of coparceners of daughters as well since birth..It is the very factum of birth in a coparcenary that creates the coparcenary, therefore the sons and daughters of a coparcener become coparceners by virtue of birth.”
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Adv. Gopala C
Bangalore | 25+ Answers
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