Daughter's right in ancestral property
Utsa
(Querist) 17 November 2015
This query is : Resolved
My grandfather had an ancestral property which was transferred into his name as per settlement records in 1984. He passed away in 1986.
Now as per the land records, this aforementioned property is jointly held by my grandmother (his wife) and his legal heirs i.e., 6 daughters and 2 sons.
The daughters have recently filed for partition. However, the sons have challenged the same stating that as per the recent Supreme Court ruling, daughters have no share in ancestral property.
Please advise regarding the maintainability of this suit.
K.S.Srinivas
(Expert) 19 November 2015
Yes. The Supreme Court has recently said that a daughter's right to ancestral property does not arise if the father died before the amendment of Hindu law that came into force in 2005.
The apex court held that amended provisions of the Hindu Succession (Amendment) Act, 2005, do not have retrospective effect. The father would have to be alive on 9th of September, 2005, if the daughter were to become a co-sharer with her male siblings.
Rajendra K Goyal
(Expert) 19 November 2015
Discuss with your lawyer after showing him full case file.
