Hindu law- Property


#1

Dear Sir, My father had the following property- One ancestral property for which he got his share from my grandfather which is an ancestral property. My father died in 1993. No partition was done .Mother also died. We are two brothers and two sisters. sisters got married in 1964 and 1978. My sisters have filed partition suite claiming equal share in the property. In the aforesaid context pl clarify me the following . There is a supreme court verdict that daughters cannot inherit ancestral property if father died before 2005. As such in our case my father expired in 1993 and not made any partition or will. pl clarify whether it holds good in our case. Thanks & regards


#2

First you have to check the property is ancestral or not? Ancestral property is defined as the property whose title has not changed for last 4 generations i.e. from great grandfather to great grandson without being interrupted by any partition/settlement/sale/gift deed or will. If it is not so, then it is not an ancestral property.Self acquired property on the other hand can become ancestral property only if it is thrown into the pool of ancestral properties and enjoyed in common. This is a matter to be determined on the facts and circumstances of the case.

As per latest Sc judgment daughter’s right to ancestral property does not arise if the father died before the amendment to Hindu law came into force in 2005. The father would have to be alive on September 9, 2005, if the daughter were to become a co-sharer with her male siblings. The amendment to the Hindu Succession Act giving daughters equal rights to ancestral property is applicable even for girls born before the law was changed in 2005

A Hindu woman or girl will have equal property rights along with other male relatives for any partition made in intestate succession after September 2005. The daughters are entitled to equal inheritance rights along with other male siblings, which was not available to them prior to the amendment.