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Daughters can claim ancestral property if father died after Hindu law amendment : Supreme Court

by IBNS 03 Nov 2015, 10:01 am

New Delhi, Nov 3 (IBNS) In a significant ruling, the Supreme Court has said that 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 a bench comprising Justice Anil R Dave and Adarsh K Goel said.

The SC  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. The act was amended during the Congress-led UPA government and women were empowered to inherit the ancestral property.