Can girl child claim share in ancestral property

654 votes

Your query is not clear .But what u make of it is that you want share in your ancestral property.I would request you to please send me detailed query in clear words on my email id or meet me for a detailed consultation with regards to the same.

LawRato LawRato

594 votes

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. The Hindu Succession Act of 1956 originally denied women the right to inherit ancestral property, allowing them only to ask for sustenance from a joint Hindu family. After the amendment was passed in 2005, the only restriction to remain was that women could not ask for a share if the property had been alienated or partitioned before December 20, 2004, which is the date the Bill was introduced. But that was until the Supreme Court came up with the latest 'restriction'. Succession for a Hindu male dying intestate is thus - Children, wife and mother take the first equal share. So, if A dies intestate, his wife, daughter, son and mother, all will take 1/4th equal share in his property. There are many many other complex rules but I am not going there for the purpose of this answer. After the amendment to Hindu law, daughters take an equal share in the property. Lastly, if it is your father's self acquired property, you cannot ask for a share against his will, but if he has refused to support you, you can claim maintenance from him. Applies to both boys and girls

Advocate Rajeev Rajhans Pandey LawRato

551 votes

Clearly, it being an ancestral property your uncles cannot deny your share through any means. The Hindu Succession Act provides for equal rights to the daughter. The fact that you do not have brother is irrelevant in the current situation. In order to claim your share, you can file a suit and the decision will be in your favour.

Advocate Rhea Luthra LawRato

562 votes

After the amendment in Hindu Succession Act , now the girl child had also the ancestral right in the ancestral properties, if she is alive on / in the year 2005, in the same manner as if she has the right since her birth. For any further quary please send same with more details on my email. Thanks.

Advocate Sunil Kumar LawRato

819 votes

You have a right in the ancestral property but if this property has been registered in your grandfather's name, he can claim it to be self acquired property on which there cannot be a claim. further details would be required for complete advice.

Advocate Manu Tripurari LawRato