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sathyanrayana J (sse)     04 November 2015

Daughter right in hud family


I am from Hindu Undivided family. There is news in media since two days,

Daughters cannot inherit ancestral property if father died before 2005, says SC

my father is expired in 1995. As per above news,  will my sister gets the share in inherited ancestral property?

News link :





 6 Replies

Anil Upadhyay (Lawyer)     04 November 2015

It is not the news, but the judgment pronounced by the Hon'ble Supreme Court.

Supreme Court held that, in view of plain language of the statute, there is no scope for a different interpretation than the one suggested by the text of the amendment. Apex Court further held that, an amendment of a substantive provision is always prospective unless either expressly or by necessary intendment it is retrospective. All that is required is that daughter should be alive and her father should also be alive on the date of amendment,2005.





sathyanrayana J (sse)     04 November 2015

thanks for your reply Sir.

sathyanrayana J (sse)     04 November 2015

can someone give your openion or different view on above statement?

S reddy   05 November 2015

First tell me which state you belong to. Whether ur sister married or not. If married which year she got married. According to central act 2005 ur sister will not be treated as coparcener.

Pritam Gupta (Teacher)     06 November 2015

Important thing here is the State where you belong which many are missing. For Mitakshara states daughter will not get if father died before the enactment of Amended Act, 2005.

For Dayabhaga states same as before i.e. son and daughter get equal share regardless of anything. But daughter cannot invoke partition or stay in father's house while married if father died before the enactment of the Amended Act.

sathyanrayana J (sse)     06 November 2015

I belong to andhrapradesh. My sister got married in 1980 and my father is expired on 1995. Some property is on my father's mother's name. some property is on my fathers's name.please let know now my sister gets the share or not as per new SC amended act.



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