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sathyanrayana J (sse)     04 November 2015

Daughters cannot inherit ancestral property

Sir,

I am from Hindu Undivided family. There is news in media since two days,

Daughters cannot inherit ancestral property if father died before 2005, says SC

my father is expired in 1995. As per above news,  will my sister gets the share in inherited ancestral property?

News link :  https://in.news.yahoo.com/daughters-cannot-inherit-ancestral-property-father-died-2005-032507675.html

 

Thanks



Learning

 2 Replies

Anil Upadhyay (Lawyer)     04 November 2015

It is not the news, but the judgment pronounced by the Hon'ble Supreme Court.

Supreme Court held that, in view of plain language of the statute, there is no scope for a different interpretation than the one suggested by the text of the amendment. Apex Court further held that, an amendment of a substantive provision is always prospective unless either expressly or by necessary intendment it is retrospective. All that is required is that daughter should be alive and her father should also be alive on the date of amendment,2005.

.

Thanks

jc (not needed)     13 April 2016

this judgment is for Hindu Undivided family for other religion all have same rights?

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