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What is the current status of judgement 2005 of daughters share


11-Mar-2023 (In Property Law)

we had a property which belongs to my Grand father who died in 1992 without any will survived by his widowed wife & 2 sons & 2 daughters,after few years my grand mother died without any will, My father & his brother also died without any will,now my two aunts(my father's siblings) are claiming their share of that property.but a few months back in a judgment SC said that those daughters whose father died before 2004 cant claim their parental ancestor's/Father's belongings/assets. what is the current status of this judgment,what's the affect of this judgment,can my aunts still claim their shar

Answers (2)

Answer #1
674 votes
The Supreme Court has held that the amendment to the Hindu Succession Act, which gave daughters equal rights, will not have retrospective effect, which means that if a parent died before 2004, claim cannot be made on the property. A suit may be filed for a declaration of title to the property, and the same would likely be granted by the Court.
Answer #2
706 votes
1. It appears you are from Bengal.
2. if that so then the SC decision does not apply to the province of Bengal and Assam.
3. Since Bengalis are governed by Dayabhaga School of succession, the SC decision dealing with Mitakshara school of succession it has no applicability here.
4. So your aunts do have share in the property.

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