Subrahmanyam (Scientific Officer (Retd)) 20 November 2016

Women's share in ancestral property

since 1950 (SINCE THE LAST 66 years), amendments have been made to Hindu succession Act. mainly to incorporate equal rights to women in ancestral property. Still courts are filled with cases relating to disputes of partition among family members involving women. The difference in the interpretation of courts including the Supreme courts is disgusting. It Should take at the most a month to consider all conflicting views and decide and once for all the matter, Such laws should be prospective and should not be retrospective. It is high time the Supreme court consider this su mote and decide once for all.

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Ms.Usha Kapoor (CEO) 21 November 2016

AAfter 2005 HSA Amendment Act Daughters are treated on par with sons and they are treated a scoparcenors with equal rights in their ancestral properties. They can even file partition su for pand ALLOTMENT OF THEIR EQUAL SHARE IN ancestral properties.If succession/parttion ha snot opened until 2005 the enforcement of 2005 amendment act daugter coparcenors can file a suit forpartition and allotment o f their share in ancestral propety even though long prior to HSA 2005 Amendment ct has been passed they wewre married..If you appreciate this answer please clik my forum thanks by clicking thanks.

D.Das (VP) 21 November 2016

As per a judgement delivered by SC in Oct 2015, daughters will get equal share if the succession opened up (e.g death of father) after the cut-off date of 2005. The old Act will remain valid otherwise till that date. So it is not retrospective to Dec 2005 where the confusion was there earlier.