Clause added to the hindu succession amendment act...
Pran
(Querist) 07 January 2016
This query is : Resolved
Respected Sir/Madam,
There has been a recent clause addition to "The Hindu Succession Act 1956" where the Supreme Court said that, "Daughters cannot inherit ancestral property if father died before 9th September, 2005".
My query is that, is this clause applicable to the whole of India (including West Bengal) or only in some states ?
Recently, a person from the legal field told me that this clause has been enforced only in some states and not in west bengal, hence I am confused about the truth.
Kindly, anyone reply with the actual fact.
Thanks in advance.
J K Agrawal
(Expert) 07 January 2016
The Honable Supreme Court never said such a thing. Better to not be confused by Headlines of News Papers. The Court said something else in that judgment. The daughters are entitled always.
H.M.Patnaik
(Expert) 07 January 2016
All citizens of the country are bound by Supreme court pronouncements, unless and until , the judgement is given in special circumstances.First obtain a copy of the judgement and go through it for clearing your doubts.
P. Venu
(Expert) 08 January 2016
The fact of the matter is that the said provision (that daughter have equal right in property) has already been in force in many States; in Kerala, the daughter had a better right in the ancestral property earlier. The recent amendment has made it applicable all over the country.
Rajendra K Goyal
(Expert) 08 January 2016
Decision of the Supreme court are applicable in whole India. For contents and effect of decision, go through whole of the decision.
Pran
(Querist) 08 January 2016
Respected J.K. Agrawal sir,
In the first week of November, 2015 this major decision regarding the addition of this clause was taken by The Supreme Court of India, and this news was published in many renowned newspapers all over the country. The exact words which I have written were printed on all those papers.
Hence, if those news were incorrect and all those renowned newspapers are misguiding us all, then kindly clarify & explain the truth which I don't know.
Reply positively...
Dr J C Vashista
(Expert) 09 January 2016
Can you mention the title of the case i.e., name of the parties to the petition or date of judgment or any other relevant clue, where it can be found that the Supreme Court has delivered such verdict?
Pran
(Querist) 09 January 2016
Respected Vashista sir,
I do not know every detail but you could follow the below links from some renowned indian newspapers for your perusal:
http://indianexpress.com/article/india/india-news-india/supreme-court-sets-2005-cut-off-on-women-right-to-ancestral-property/
http://www.business-standard.com/article/current-affairs/daughters-cannot-inherit-ancestral-property-if-father-died-before-2005-sc-115110300110_1.html
http://indiatoday.intoday.in/story/daughters-cannot-inherit-ancestral-property-if-father-died-before-2005-says-sc/1/514940.html
http://www.asianage.com/india/women-cannot-inherit-ancestral-property-if-father-died-2005-sc-361
http://www.dnaindia.com/india/report-sc-says-daughters-whose-fathers-died-before-amendment-in-hindu-succession-act-have-no-right-to-inheritance-2141143
Hence, kindly provide your valuable views regarding this new clause.
Thanks in advance
