660+ Lawyers are online 
Share of daughter in property after decision of SC on 2 Nov 2015
04-Nov-2023 (In Property Law)
I want to know that supreme court gives the decision about daughter share of property on 2 Nov 2015 that his father should alive on 9 sep 2005 to claim the share . my question is that if partition is done on august 2014 and father is died before 2005 than what law says .....is daughter have to repay the share to son which she claimed
In a ruling that will restrict the right of women seeking equal share in ancestral property, the Supreme Court has said that the 2005 amendment in Hindu law will not give property rights to a daughter if the father died before the amendment came into force.
The court held that the amended provisions of the Hindu Succession (Amendment) Act, 2005, could not have retrospective effect despite it being a social legislation. The court said the father would have had to be alive on September 9, 2005, if the daughter were to become a co-sharer with her male siblings.
However no direction have been passed to this effect that daugther is liable to repay the share to son which she has claimes.
163+
Adv. Siddhant Sharma
Delhi | 200+ Answers
Chat
If the partition has done in august 2014, If the partition is based on the consent of all, then cannot be broke that partition. If partition is not done by the way mutual consent, then a daughter can claim her share in property.
48+
Adv. Charanjit Sidana
Faridkot | 100+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
