Srinivas Vt
Asked November 30, 2016

Rights of female descendants to property

  • 1 Answer
  • 658 Views

sir i want to know little dtails on women property my mother wanted to ask From father property but is their any legal support is their for this and her parents died before 2005 plse seuggest regrds Srinivas 9986193368

Answer 1

Answered by Saurabh Kumar, Lawfarm Researcher:

 

The Hindu Succession Act of 1956 originally denied women the right to inherit ancestral  property, allowing them only to ask for sustenance from a joint Hindu family.  However, after an amendment was passed in 2005, a restriction that remained was that women  could not ask for a share if the property had been alienated or partitioned before December 20,  2004, which is the date the Bill was introduced.     Supreme Court, in a recent case, also said that the father would have to be alive on  September 9, 2005, if the daughter were to become a co-sharer with her male siblings​. (Prakash v. Phulavati- http://naredco.in/notification/pdfs/SC%20judgement%20on%20daughters%20coparcenery%20right.pdf )     Thus, if your mother’s father was alive till September 9, 2005, she will have a share in the  property, or else she will not.  

Agree Comment 0 Agrees almost 4 years ago

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