Right of women in ancestral property

My elder sister was born in the year 1945 but died in the year 1996. I was born in the year 1953 and am alive. My father died on September, 2003 The two children of my deceased elder sister has filed a case of ancestral property in the year 2001 in Delhi court. I want to know the impact of recent judgement of the SC giving right to ancestral assets even to women born before 2005 on the case of the children of my deceased sister as well as me. I am a defendant in the case Thanks

Answers (2)

299 votes

According to the Judgement of Hon'ble Supreme Court , only those daughters who were alive in 2005 can acquire ancestral right in the property. In the case in reference here your sister died in the the year 1996. So no applicability in the present case.

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273 votes

See after the 2005 amendment of the Hindu Succession Act, a woman is an inheritor in the ancestral property as a son. However, the same amendment would be applicable only in cases where the father died after 2005. As in your case, the father died in 2003, that is, two years prior to the amendment so the property would go to you and not to your sister or her progenies.

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