The Supreme Court of India has said that women cannot inherit ancestral property if the father (coparcenor) died before the 2005 amendment in the Hindu law that gives property rights to the daughter in a landmark judgment delivered by the Bench comprising Justice Anil R Dave and Justice A.K. Goel, in its October 16, 2015, interpreted the succession law while setting aside the Judgment of the Karnataka High Court in the case Prakash v Phulavati of 2010.
The apex court ruled that the father would have had to be alive on September 9, 2005 for the daughter to be able to claim her share in the family property along with her male siblings.
On September 9, 2005 the landmark amendment to The Hindu Succession Act of 1956, which originally denied women the right to inherit ancestral property ruled that a Hindu woman or a girl will have equal property rights along with her male relatives for any partition made in ancestral property.
The Apex Court Observed that “All that is required is that the daughter should be alive and her father should also be alive on the date of the amendment,”
With this Judgement, over a lakh of pending cases will be decided across the country.
2 responses to “WOMEN SHARE IN ANCESTRAL PROPERTY – SUPREME COURT OF INDIA`S OBSERVATION – “All that is required is that the daughter should be alive and her father should also be alive on the date of the amendment,””
Thanks for the judgment.We are christians. My aunt ( father’s sister) filed case against for getting share in our Grandpa’s property. We had won the case in session court. But she appealed in other court and won in their side for getting share. So, again we gone to karnataka high court for second appeal. The case is still pending, My grandpa demised on 1970 itself, And my father also partioned the property as four share to his brothers, Two of brother’s sold out the property to third person already. Only , We are keeping our shares, What to do to dismiss the case? whether we have to mention this judgment and dismiss the case or automatically it will be dismissed. what we have to do?
Hindu Succession Act, 2005 (Amendment) is not applicable. Indian Succession Act is applicable. As the subject is before the court, it is sub-judice to discuss on this forum. Please contact your advocate.
HINDU SUCCESSION ACT, 1956.
This Act may be called the Hindu Succession Act, 1956.
It extends to the whole of India except the State of Jammu and Kashmir.
Application of Act.—
This Act applies—
(a) to any person, who is a Hindu by religion in any of its forms or developments including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj;
(b) to any person who is a Buddhist, Jaina or Sikh by religion; and
(c) to any other person who is not a Muslim, Christian, Parsi or Jew by religion unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed. Explanation.—The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be:—
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