minsal (Jr. Advocate) 26 November 2015

Need judgment or detail information

I've heard in a news that "The Supreme Court said recently that a daughter cannot fight for her right to inherit ancestral property if the death of her father occurred before the amendment of Hindu law which came into force in 2005."

Can any one provide me the details of said matter and/or judgment about the same?

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1 Replies

Nikitha Mathew 09 June 2020

Hello,

The Supreme Court in Prakash v Phulavati has said that a daughter's right to ancestral property does not arise if the father died before the amendment of Hindu law that came into force in 2005.

But recently in the case of Danamma v. Amar (2018) the Supreme Court agreed with the findings in Phulavati case but applied a different principle and granted property to the daughters.

For further details, please refer to the below links :

https://www.lawyersclubindia.com/articles/hindu-daughter-s-equality-right-to-succession--10789.asp

https://www.lawyersclubindia.com/articles/the-right-to-coparcenary-property-of-daughters-settled-yet-unsettled--9098.asp

Hope this answers your question.

Regards

Nikitha