Temp (-) 07 August 2009

Partition of ancestral land

My grandfather expired in 2003. He had a agricultural land and a house in his name. He did not prepare any will. He had 3 sons and 3 daughters. The daughters are married before 1985. So i wish to know if the daughters are entitled a share of the land and the house or not as per the Hindu Succession Act. I had read somewhere on the forum that if the daughters are married before 1985 then they do not hold a share in the property. Is this true? Also does the law vary in different states?

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A V Vishal (Advocate) 07 August 2009

According to the latest amendment of the Hindu Succession Act, daughters too have right in the ansectral property as per S.6.: Devolution of interest in coparcenary property.-(1) On and from the commencement of the Hindu Succession (Amendment) Act, 2005, in a Joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall,- (a) by birth become a coparcener in her own right in the same manner as the son; (b) have the same rights in the coparcenary property as she would have had if she had been a son; (c) be subject to the same liabilities in respect of the said coparcenary property as that of a son, and any reference to a Hindu Mitakshara coparcener shall be deemed to include a reference to a daughter of a coparcener: Provided that nothing contained in this sub-section shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before the 20th day of December, 2004.