Sachin Jaiswal 17 January 2017

Married daughter's right to claim ancestral property

My Grandmother purchased a property sometime in 1950's and before her death she maid a will stating, her husband will enjoy the property post her death and after his death her 2nd son (my father) will be the sole owner of the property. Basis the same, now the property is in my father's name. My Father expired in 1995 without making any will. Now, my mother, my sister (married) and myself (married) are alive. I would like to know post my mother's death, will I be the sole owner of the property or my sister can also claim share in it.

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5 Replies

adv.raghavan (Advocate,9444674980) 17 January 2017

she is also eligible for a share.

Sachin Jaiswal 17 January 2017

Dear Sir,

Thanks for the reply.

Asides, as per one of the article in indianexpress.com, it is mentioned that, "Supreme Court sets 2005 cut-off on women right to ancestral property. The court said the father would have had to be alive on September 9, 2005, if the daughter were to become a co-sharer with her male siblings."

In a ruling that will restrict the right of women seeking equal share in ancestral property, the Supreme Court has said that the 2005 amendment in Hindu law will not give property rights to a daughter if the father died before the amendment came into force.

The court held that the amended provisions of the Hindu Succession (Amendment) Act, 2005, could not have retrospective effect despite it being a social legislation.

Link:https://indianexpress.com/article/india/india-news-india/supreme-court-sets-2005-cut-off-on-women-right-to-ancestral-property/

Does this carry different meaning, kindly clarify.

Kumar Doab (FIN) 17 January 2017

From your posts it is noted that you are Hindu.

Nature of the property acquired by WILL is self acquired and not ancestral.

ClassI legal heirs of Hindu male are; Mother,wife,sons,daughters and shall share equally.

Sachin Jaiswal 17 January 2017

Dear Sir,

Thanks for the reply.

Would you be able to explain the meaning of the statement made by SC,

"The court said the father would have had to be alive on September 9, 2005, if the daughter were to become a co-sharer with her male siblings.In a ruling that will restrict the right of women seeking equal share in ancestral property, the Supreme Court has said that the 2005 amendment in Hindu law will not give property rights to a daughter if the father died before the amendment came into force".

And what's the difference between self-acquired and ancestral property when the actual connection is with father's life status before and after 9th Sep 2005.