Property

Rights Of A Daughter To Ancestral Property

Over the years, women in India have made great strides in gaining the right to inherit and own property. There has been a noticeable increase in the level of assertiveness and openness among Indian women with regard to wealth planning and management as a result of the change. This change can be attributed to changes in Indian succession laws.

According to the Hindu Succession Act, 1956, daughters were not entitled to succession or have any right to the property of their ancestors. Let us see the Supreme court judgments on ancestral property. This fact was amended in 2005, through a landmark Supreme Court judgement on September 9, 2005. This is to give equal rights to daughters in terms of their father’s assets and properties. You must understand the ancestral property rights to married daughters as well.

What Is Ancestral Property?

The term  ‘ancestral property ‘ refers to a property that your great grandfather acquired from his father. From generation to generation, it has been passed down from family to family without being divided or partitioned by any of the members of your family up to the present day.

Can a Daughter Claim Ancestral Property?

It is absolutely possible for her to do so.

Following the Supreme Court’s judgement, a small clause was added to the judgement by the court. It is intended that the clause be used only when an ancestor dies after September 9, 2005, so that such a right can be granted. As of the date on which the judgement has been passed (the date of the judgement passing). As a result of the Supreme Court’s decision, daughters are entitled to inherit the property of their fathers. In this regard, there is no retrospective effect of the judgement.

Implications of the Amendment

A daughter can now inherit shares due to her in the ancestral properties if her father dies after the above-mentioned day in 2005. In case the death of the father has taken place before September 9, 2005, then the amendment added to the Act will not be valid. And the daughters will not have a claim to the ancestral property.

Therefore, if a daughter has inherited the ancestral property of her father, she may become a coparcener of the property. Nevertheless, the amendments to the Act will only be effective as of the date of their commencement.

Until this clause came into existence, the only condition for inheritance was that the daughters could not ask for a share if the property was alienated or was partitioned before December 20, 2004, when the Bill for the amendment was passed.

Impact of the Amendment

It is now a fact that daughters have the right to inherit. Under the 2005 amendment, if the conditions set out in the clause of the amendment are met, then they will be able to claim the ancestral properties or assets that their parents/father owned.

In this way, if the father decides that he wants to leave his assets equally among his children, then he can do so. There will also be an equal share of the property being distributed between the daughters as well.

Click here: Property Registration in India

Conclusion 

You will need the expert services of a trained legal expert to understand succession laws and determine your exact share in the ancestral property of your family. To ensure your rights are protected at every stage, it is necessary to engage the expertise of a lawyer. 

You can save yourself a lot of hassle in the long run when you hire a lawyer, and you can ensure that your family and yourself reach a favourable conclusion that is less likely to generate future litigation or friction in the future by hiring a lawyer. You and your family will be able to save a lot of time, effort, and money as a result. Please contact our team for any help .

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