Daughters Right in Fathers property

912 votes

The Supreme Court has recently said that a daughter's right to ancestral property does not arise if the father died before the amendment of Hindu law that came into force in 2005.
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.

Advocate Siddhant Sharma LawRato

690 votes

Daughter is as a much a legal heir as a Son and both belong to Class I heirs. However, no legal heir has a right in the property of a person till his/her lifetime. They only have a right in the property after the death of the person subject to such property not bequeathed by will or disposed off as per transfer of property's Act.

Advocate Rushil Aiya LawRato