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Shruti   14 February 2022

Can women write will on paitrik property

Talking about this ... https://hindi.livelaw.in/amp/know-the-law/what-is-ancestral-property-know-the-provisions-191507

Will the above law hold if instead of Ramesh, it's a woman? Is the law applied differently to men and women?

 



Learning

 1 Replies

Palak batra   15 February 2022

Dear Querist,

 

Earlier women had no right to gain ownership of an ancestral property before an amendment was made in the Hindu Succession Act, 1956. After the amendment of 2005 women were given the same rights of any other male coparcener over the property. Here, women only refers to the daughters of the family and remains a coparcener even after her marriage. 

In 2018, however, the SC ruled that a daughter can inherit her deceased father’s property, irrespective of whether the father was alive on this date or not. However, properties acquired from one’s maternal side do not qualify as ancestral properties.

In this case if a woman can own the ancestral property she has all the rights to write her own will as well. 

 

Regards,

Palak


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