Daughters right in father property
venkatesh
(Querist) 19 November 2015
This query is : Resolved
Dear Experts,
As we know few weeks back SC ruled daughters whose fathers died before 2005 not eligible for equal property rights, I would like to ask one fundamental question? What if father died before 2005 and mother after 2005? does this rule still applicable even if mother died after 2005? also what are the aspects which allows shares in father property for a girl & what are the aspects which blocks shares in father property? Regards
Venkatesh
P. Venu
(Expert) 20 November 2015
Please post the real issue, if any.
Rajendra K Goyal
(Expert) 21 November 2015
Hypothetical query.
Mother has no role if property is in the name of father, she is a legal heir like other legal heirs.
Anupam Lahiri
(Expert) 22 November 2015
The Supreme Court Judgment has not altered any law not is it within its jurisdiction to do so. Daughters are eligible for inheritance of her father's property since 1956 when the Hindu Succession Act, 1956 was enacted.
Supreme Court only interpreted the Amendment Act, 2005.
The query is only an academic one. If you are really interested why r u not going through the judgment? It is available in the Supreme Court Website.
Dr J C Vashista
(Expert) 22 November 2015
Academic query. Seek help of your tutor.
K.S.Srinivas
(Expert) 22 November 2015
Agreed with Sri Anupam Lahiri.
Hemant Agarwal
(Expert) 25 November 2015
1. Daughters right by law of 2005, is dependent on the factor of "Ancestral Property" AND NOT on self-acquired property of Father. Mother has no role.
2. "IF" Daughters are eligible for inheritance of her father's property since 1956 "THEN" there would have been NO need to enact the Hindu Succession Act, 2005.
3. Father may GIFT or Will, his OWN "self-acquired" property to the Daughter, without any further references to other known /unknown legal heir /claimants.
Keep Smiling .... Hemant Agarwal
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