right of to farther's property

Hey, so your question us related to a daughter’s right in father’s property, after the Amendment of 2005.

The position of the courts on whether the daughters have a right in the property of father who died before the 2005 amendment is very dicey. According to the Supreme Court judgement in 2015, the Act applies only to cases where the father was alive on or after 9 September 2005. In case the father passed away prior to this date, regardless of the daughter being alive on this date, the daughter will not get the benefit of this amendment and will, therefore, have no rights over the ancestral property.

In such a case, the ancestral property would devolve only upon the male coparceners of the Hindu Undivided Family (HUF), and form a part of their estate for succession purposes.

You an refer to the following articles to get a clearer view:

  1. lawyersclubindia.com/articles/Hindu-woman-s-right-in-ancestral-property-An-endless-saga-of-twists-and-turns-8771.asp
  2. https://www.lawyersclubindia.com/articles/Hindu-Succession-Amendment-Act-2005-Empowering-Women-1058.asp

Hope this answers your query.


Palak Singh


Hello Shivani,

 Your query has been answered by Advocate Vaibhav Kalra in this youtube video - https://www.youtube.com/watch?v=2-iyVqsW4kg from  -  6.15 - 11.30 

LAWyersClubIndia is coming with many more such Quick Query Resolution sessions for the querists looking for legal advice!

Hope you find this useful!




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