female rights in ancestral property
Querist :
Anonymous
(Querist) 06 June 2011
This query is : Resolved
sir/madam,
does a female have an equal right in a ancestral property?
i heard that the property is bought before the amendment came, which states female has equal rights, so people say female do not have equal right because the property was bought in 1966...
kindly advise...
A V Vishal
(Expert) 07 June 2011
Give complete facts of your case.
PALNITKAR V.V.
(Expert) 07 June 2011
The date of acquisition of the property is not material. If the property is still undivided, a female member gets share in it.
R.Ramachandran
(Expert) 07 June 2011
I completely agree with the views of Mr. Palnitkar.
prabhakar singh
(Expert) 07 June 2011
The Hindu Succession (Amendment) Act, 2005 (39 of 2005) came into force from 9th September, 2005. The Government of India has issued notification to this effect. The Hindu Succession (Amendment) Act is to remove gender discriminatory provisions in the Hindu Succession Act, 1956 and gives the following rights to daughters under Section 6:
The daughter of a coparcener cell by birth become a coparcener in her own right in the same manner as the son;
The daughter has the same rights in the coparcenary property as she would have had if she had been a son;
THEREFORE IT IS IRRELEVANT AS TO WHEN THE PROPERTY BOUGHT1966 OR EVEN BEFORE.RELEVANT IS THE DATE OF PARTITION AND DEATH OF THE PERSON FROM WHOM THE PROPERTY IS BEING CLAIMED. 20.12.2004 IS THE CRUCIAL DATE,IF ANY PARTITION BETWEEN MALE COPARCENERS HAS ALREADY TAKEN PLACE BEFORE20.12.2004 THEN THAT SHALL NOT STAND AFFECTED.BUT IN CASE NO PARTITION HAS TAKEN PLACE BEFORE THAT DATE, THE ACT WILL APPLY EVEN TO THOSE DEATHS WHICH HAS TAKEN PLACE BEFORE20/04/04.
sharad raghav - 9990549475
(Expert) 07 June 2011
if the property is ancestral property,not a self acquired or self earned property and still undivided then a daughter has equal share as of a son.
adv. rajeev ( rajoo )
(Expert) 07 June 2011
