Is recent SC ruling on daughter right on ancestral property applicable

985 votes

yes the ruling is applicable to all Hindu daughters in the whole country, may it be mitakshara and dayabhaga.
Every Hindu daughter will now be entitled for her share in her father’s property. In a landmark decision, the Supreme Court has held that the 2005 law that made daughters equal to sons in claiming right in father’s property will apply even to those girls born prior to this date. This decision is significant since the 2005 amendment to the Hindu Succession Act did not provide for retrospective operation of the law. Although a judgment of the Supreme Court in Prakash vs Phulwati (2016) held the amendment to be retrospective as regards daughters who are living as on the date of amendment (September 9, 2005), the recent decision has made it a general rule that a daughter (living or dead) on the date of amendment will be entitled to share in father’s property, thus making her children too to claim this right.

Disclaimer: This article does not constitute legal advice and does not constitute an Attorney-Client relationship between me and reader.

Advocate Robert D Rozario LawRato