Can mother get share in ancestral property

560 votes

On 9 September 2005, the Hindu Succession (Amendment Act), 2005 (Amendment Act) came into effect and daughters in a joint Hindu family, governed by Mitakshara law, were granted statutory right in the coparcenary property (being property not partitioned or alienated) of their fathers. Historically, the Hindu Succession Act, 1956 (HSA), did not confer any rights on a daughter to the ancestral property of her father. The Amendment Act fuelled a debate on whether a daughter's right in coparcenary property was available even prior to commencement of the Amendment Act, i.e. were the rights granted to daughters in the coparcenary property retrospective in their application? The debate on retrospective application of the Amendment Act has now been put to rest by the recent pronouncement of the Supreme Court (SC) in the case of Prakash & Ors v. Phulavati & Ors, rendered on 16 October 2015. SC, in its judgment, has held that the property rights of daughters are prospective in their application, i.e., to be available only if both the father and the daughter are alive on the date of commencement of the Amendment Act (i.e., 9 September 2005).
The SC in pronouncing this judgment has provided the much-needed clarity that the Amendment Act is prospective in its application, i.e., with respect to a Hindu family governed by Mitakshara law, a daughter would have a right in the ancestral property inherited by the father only if both the daughter and the father are alive at the time of commencement of the Amendment Act. No distributions of such properties of persons who passed away prior to 9 September 2005 can be re-opened or questioned by daughters. For the sake of clarity, it may be noted that the position with regard to succession to any self-acquired property (as against coparcenary property) of a Hindu male dying intestate remains unchanged, with the daughter being entitled to a simultaneous share in such self-acquired property as the son (in the absence of a will stating anything to the contrary).

Advocate Siddhant Sharma LawRato

700 votes

Hi,
Yes your mother is entitle to get her share from her father's property for which a partition suit has to be filed in court, you have to check if any property is still their in the name of your grand father.
You can contact us through the website further to assist you.

Advocate Mohammed Abdul Quadeer LawRato