Daughters' rights in ancestral property
Ravi khanna
(Querist) 18 December 2015
This query is : Resolved
I regret to point out certain confusion in opinions provided by the experts : To one query where father acquired property from his mother and he died in 2000 the experts opined equal share for all his sons and daughters. While to another query where father acquired ancestral property experts opined that his daughters will have NO SHARE if father died before 9-9-2005. Could learned experts please clarify ?
Advocate M.Bhadra
(Expert) 18 December 2015
The right of women seeking equal share in ancestral property, the Hon'ble 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.
P. Venu
(Expert) 19 December 2015
There is no confusion; the distinction is inherent in the properties being self acquired and ancestral.
Rajendra K Goyal
(Expert) 19 December 2015
Property in the name of father received by him from his mother is not considered ancestral while for ancestral property the position would be different.
K.S.Srinivas
(Expert) 24 December 2015
Father acquired property from his mother is not ancestral property.
Property inherited by a Hindu from his father, father’s father or father’s fathers’ father, is ancestral property. In other words Ancestral property is a property that has been inherited upto 4 generations of male lineage.
Any property that has been inherited from mother, grandmother, uncle or brother is not considered as ancestral property.
Therefore, when the property is self acquired and if the person dies intestate the property will devolve equally on all legal heirs.
The Supreme Court has 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.
Ravi khanna
(Querist) 24 December 2015
Thanks very much Mr.K.S.Srinivas for clarification. Your advice is absolutely perfect and upto the point. Thanks
K.S.Srinivas
(Expert) 24 December 2015
Welcome Mr.Ravi Khanna.
Ravi khanna
(Querist) 24 December 2015
Thanks Mr.Bhadra for your expert opinion
