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Daughters can inherit ancestral property if father died after amendment of Hindu Law in 2005: Supreme Court

Daughters can inherit ancestral property if father died after amendment of Hindu Law in 2005: Supreme Court

Daughter can become a co-sharer in father's ancestral property if he died after the amendment of Hindu Law.

  • IBNLive.com
  • Last Updated: November 3, 2015, 12:29 PM IST
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New Delhi: In a Supreme Court ruling, daughters can only claim their ancestral property right if 'father' died after the amendment of Hindu law.

The apex court has said that a daughter's right to ancestral property does not arise if the father died before the amendment to Hindu law, which came into force in 2005.

"The father would have to be alive on 9th of September, 2005, if the daughter were to become a co-sharer with her male siblings," the ruling said.

The ruling stated that the amended provisions of the Hindu Succession (Amendment) Act, 2005, do not have retrospective effect. The bench comprises of Justices Anil R Dave and Adarsh K Goel held that the date of a daughter becoming co-sharer is on and from the commencement of the Act.

Earlier, under the Hindu Succession Act, 1956, a daughter was not empowered to inherit rights in ancestral property. Later, Congress-led UPA government amended the Act on September 9th, 2005 and empowered them to inherit the ancestral property.

Before the amendment of the act, women could only ask for maintenance from a joint Hindu family. The only restriction in force after the passage of this amendment was that women could not ask for a share if the property had been alienated or partitioned before December 20, 2004, the date the Bill was introduced.

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