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Right of women in property of father before the year 1950 (Property Law)

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Author : Manoj

Posted On 05 January 2012 at 22:57

This query is pertaining to right of women in immoveable property of her father under Hindu Law in Gujarat.

X the father died in the year 1930 leaving behind him his son-A and daughter-B. A died in the year 1940 leaving behind him his wife and two daughters.

Now the property was transferrred after the death of A to his wife and two minor daughters.

Then B daughter of X filed case claiming right in property. the suit was dismissed by the hon'ble court in the year 2010 on the grounds that female/women under Hindu Law did not have any right in the property of their father prior to 1951.

My queries to all experts is :

1) How far is this correct that prior to the year 1951 a female /women cannot have share in the immovable property of her father.

2) Under what law and under what section is this judgement could have been given in this case by the hon'ble judge.

3) I request to experts to kindly please elaborate on inheritance/succession of women under hindu law in gujarat prior to 1951.

4) Can any one suggest me a good book regarding inheritance under hindu law/Articles




Expert : prabhakar singh

Posted On 06 January 2012 at 16:14

1.Prior to 1956,under Hindu law women had no right of inheritance.Only right to life interest was recognized to widows.
2.Under old Hindu personal law not codified.
3.answer to 1.is answer here also.
4.To know as subject read Mulla's Hindu law.




Expert : prabhakar singh

Posted On 06 January 2012 at 16:15

1.Prior to 1956,under Hindu law women had no right of inheritance.Only right to life interest was recognized to widows.
2.Under old Hindu personal law not codified.
3.answer to 1.is answer here also.
4.To know as subject read Mulla's Hindu law.




Expert : Rajeev Kumar

Posted On 06 January 2012 at 18:25

Yes Prabhakar sir has replied your query and i fully agree with him



Author : Manoj

Posted On 06 January 2012 at 22:48

Thanks to experts. Thank you sir.



Expert : Jai Karan Nagwan

Posted On 07 January 2012 at 09:27

Dear Manoj,

In your query, most important element is to know when B died, which is missing and that is only the winning and losing point in your case. however I am giving you open suggestion for best understanding that if any women who has limited or life interest or whatsoever in the property and died before 1956, her successor will have no right in the property and property will go back to last heir of the father (A in the present case), so if B died after 1956 than A and his successor / heir will not get anything in the property. this is only the point and crux of your case, if you have any further query, you can send me message only on mobile.



Author : Manoj

Posted On 08 January 2012 at 17:45

thanks to experts


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