Share of daughter in property after decision of SC on 2 Nov 2015

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 daughter have to repay the share to son which she claimed

Answers (2)

83 votes

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.

180 votes

Dear client,
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.

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