Sc judgement applicability
A.Bose
(Querist) 27 March 2016
This query is : Resolved
Is the Supreme Court judgement in regard to prospective effect of Hindu Succession Amendment Act, 2005 applicable in case of property in West Bengal?
For simplicity, please assume the following.
Mr.A died in 1999. He has 4 children, two sons and two daughters(both of them got married before 1999). Mr. A had a house property in west bengal(covered by dayabhaga) and it has not yet been registered to anybody's name after his death. Whether the daughters have rights on this property? or whether the property belongs to the two sons only?
Regards.
Devajyoti Barman
(Expert) 27 March 2016
The said decision has no applicability in the state of West Bengal as in WB the people are goverened by Dayabhaga school of succession which has no separate concept of ancestral property .
The SC deals with Mitakshara school of succession only.
The decision is retrospective but the amendment act is prospective only.
A.Bose
(Querist) 27 March 2016
Sir,
In that case, do all of the children (both sons and married daughters) have equal rights over the house property?
Regards.
Rajendra K Goyal
(Expert) 27 March 2016
Well advised, agree with the expert Devajyoti Barman.
