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Woman born before the year 1956 eligible to claim ancestral property ?
06-Nov-2023 (In Property Law)
1: Is a woman born as well as married before the year 1956 eligible to claim her share in ancestral agricultural property now at this point of time? 2: Is a woman born prior to1956 but married after1956 eligible for claiming her share in ancestral Property now at this point of time? Could you please give a yes/no answer for both questions?
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.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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