Supreme Court has said that a daughter’s right to ancestral property does not arise if the father died before the amendment to Hindu law came into force in 2005.
Apex court held that amended provisions of the Hindu Succession (Amendment) Act, 2005, do not have retrospective effect. The father would have to be alive on 9th of September, 2005, if the daughter were to become a co-sharer with her male siblings.
A bench of Justices Anil R Dave and Adarsh K Goel held that the date of a daughter becoming co-parcener is on and from the commencement of the Act.
The Hindu Succession Act, 1956 did not give daughters inheritance rights in ancestral property. However, the Congress-led UPA government modified this Act on September 9th, 2005.
Earlier, women could only ask for sustenance from a joint Hindu family. The only restriction in force after the passage of this amendment was that women could not ask for a share if the property had been alienated or partitioned before December 20, 2004, the date the Bill was introduced. But now the Supreme Court has added this new restriction.
