Daughter's rights in ancestral property
Ravi khanna
(Querist) 16 December 2015
This query is : Resolved
In the year 2005 hon. High Court awarded payment of arrears of rent of ancestral property. Hon.lower court while granting payment divided arrears among surviving children of father who died before 2005 . Now in the light of Hon. Supreme Court judgement in civil appeal no. 7217 of 2013 do daughters who were married before 2005 and still living with their husbands lose their share and return the arrears to their brothers ?
Dr J C Vashista
(Expert) 16 December 2015
No, the daughter's right in ancestral property remained intact after amendment in Hindu Succession Act, (amendment act 2005) enforced since 09th September 2005. However, if the award is applicable before the date (9/9/2005)the daughters shall be looser since the amendment is prospective and not retrospective.
Rajendra K Goyal
(Expert) 17 December 2015
Agree with the expert Dr J C Vashista.
T. Kalaiselvan, Advocate
(Expert) 25 December 2015
Th relevant details are to be made known for more proper opinion. The applicability f the latest judgement shall be confirmed only after knowing the correct background details of the case.
