Answer framed by Shreyan Acharya, Lawfarm legal Researcher:
We appreciate your approach, and we would provide our legal assistance in the best possible manner. The core issue lies on the daughter’s right to ancestral property if the father died before 9th September, 2005. The Hindu Succession (Amendment) Act, 2005
, widened the scope of inheritance of ancestral property to the Hindu women.
Section 6 of the Hindu Succession (Amendment) Act, 2005
, provides the right of inheritance, as prior to the amendment the women had a right to maintenance/sustenance, but not inheritance. Merging all the three issues together, the Hon’ Supreme Court of India observed that the Amendment does not have retrospective effect (does not apply to cases/ instances before the Amendment)
. The bench of Hon’ Justices Anil R Dave and Adarsh K Goel held that the date of a daughter becoming a coparcener is on and from the commencement of the Act
. Therefore, the judgement has provided a major setback by denying the daughter’s right to ancestral property if the father died before the amendment to Hindu law came into force in 2005. Hence, it is with great regret we have to inform you that the women’s right to ancestral property will not arise
if the father died before 2005, and the judgment will be enforceable in the state of Tamil Nadu as well.
Prakash & Ors. v Pulavati & Ors. CIVIL APPEAL NO.7217 OF 2013