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,”


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.