Daughters'share in ancestral property
Ravi khanna
(Querist) 16 December 2015
This query is : Resolved
Is daughters share in father's ancestral property (father died before 2005) zero or as per succession norm ?
Dr J C Vashista
(Expert) 16 December 2015
Academic query.
However, read Hindu Succession Act, 1956 (as amended with effect from 9/9/2005).
Ravi khanna
(Querist) 16 December 2015
Father died in year 2000 . Can daughters married before 2005 claim their share in monthly rent from ancestral property ? If yes, what percentage?
Rajendra K Goyal
(Expert) 17 December 2015
How you claim the property is ancestral? In whose name it is, when and who got it?
Ravi khanna
(Querist) 17 December 2015
Property still is in the name of my father's great grandfather from whom he acquired as per ancestery lineage. My grand father died in 1937 and my father died in 2000. In the light of recent Hon.Supreme Court judgement what are daughters' shares in monthly rent or if father's share in property is sold ?
Ravi khanna
(Querist) 17 December 2015
Thanks Dr.J.C.Vashishta for your prompt reply. But I shall appreciate if you will kindly enlighten me about daughters' rights whose father died in 2000 taking into consideration the recent Hon.Supreme Court vetdict. Equal rights or no rights ? Are there any chances of recent judgement being overruled by full bench ?
T. Kalaiselvan, Advocate
(Expert) 25 December 2015
The married daughters can claim a share in the ancestral property only when it remains as undivided or not partitioned as on the effective date of latest amendment in the HSA.
If this property was already partitioned and your father acquired his share in the ancestral properties but died in the year 2000 even before the latest amendment came into force, the daughters may not be eligible to a share in such properties or for sharing the revenue collected through such properties.
