Women succession Act 1956
Manohar
(Querist) 28 March 2015
This query is : Resolved
Dear Sir,
Please tell me, the property rights of women in ancestor property, who is born before 17th June 1956.
I heard those born after this date only eligible.
Pls clarify.
Thanks
Dr J C Vashista
(Expert) 28 March 2015
Academic query. Consult your tutor/lawyer.
Manohar
(Querist) 28 March 2015
Sir,
Its not academic query, my aunty put a case on me after death of father. she born in 1952, is she eligible to claim property share. My father already give 1.22acre thru gift deed but she is greedy now. Help me with your valuable thought's. Thanks
Biswanath Roy
(Expert) 30 March 2015
According to amended sec.6 of the Hindu Succession (Amendment) Act 2005, in a coparcenary property of Mitakshara School of Hindu Law a woman shall inherit equal right with the males. The views of Hon'ble Chief Justice of Supreme Court of India in the Civil Appeal Case no.8538 0f 2011 GANDURI kOTESHWARAMA &ANR. VS. CHAKIRI YANADI & ANR. inter-alia stated,-
"....the retaintion of Mitakshara coparcenary property without including the females in it means that the females cannot inherit in ancestral property as their male counterparts do. The law by excluding the daughter from participating in the coparcenary ownership not only contributes to her discrimination on the ground of gender but also has lead to oppression and negation of her fundamental right of equality guaranteed by the Constitution Having regard to the need to render social justice to woman, the States of Andhra Pradesh, Tamil Nadu, Karnataka and Maharashtra have made necessary changes in the law giving equal right to daughters in Hindu Mitakshara coparcenary property."
T. Kalaiselvan, Advocate
(Expert) 31 March 2015
You have raised a similar query with different contest but seeking same solution in another thread which was properly advised. However for your your information, our senior expert respected Roy sir has given perfect answer to your query.
