Daughters cannot inherit ancestral property if father died before 2005: SC
Supreme Court has ruled that a daughter’s right to ancestral property does not arise if the father died before Hindu Succession (Amendment) Act, 2005 came into force in 2005.
This judgement invalidating retrospective effect of Hindu Succession (Amendment) Act, 2005 was given by a SC bench comprising of Justices Anil R Dave and Adarsh K Goel.
SC ruled that
- The date of a daughter becoming co-parcener in to ancestral property will be valid on and from the commencement of the amendment Act.
- Daughter can become a co-sharer with her male siblings if father was alive on 9th of September, 2005 i.e. date on which act came into force.
The landmark Hindu Succession (Amendment) Act, 2005 was passed to amend the Hindu Succession Act, 1956 in order to give daughters equal inheritance rights in ancestral property along with her male siblings.
Prior to enactment of this act, women were just able to only able to ask for sustenance from a joint Hindu family and could not ask for a share in the property.