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Clarification of Hindu Succession Act (Amendment) 2005
27-Jun-2023 (In Property Law)
Is it gives me the right to take equal share as son gets in Ancestral Agricultural land? If not , then Why? Why not revenue court giving me relief on the basis of this Act? Why not revenue court gives my share in Ancestral Agricultural land as per H S Act 2005 to married daughter? What's problem with them when constitution provides equal rights to female? Yesterday my 5 brothers divided Ancestral Agricultural land and didn't give me my share. Is it not the violation of Hindu succession Act (Amendment) 2005? Tell me now What should I do?
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.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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