Vimal Nathan 07 November 2022

Hindu Succession Act section 6 (1)

Any reference to a Hindu Mitakshara coparcener shall be deemed to include a reference to a daughter of a coparcener: Provided that nothing contained in this sub-section shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before the 20th day of December, 2004.

What does the above act represent?

Will any ancestral property be partitioned or released or sold before 2004 December cannot be claimed by the daughters? Even if the property was released by father to son without daughters signature?

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6 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 07 November 2022

Daughters have right over ancestral property under Hindu Succession Act.

Vimal Nathan 07 November 2022

But is there an exception as mentioned above, if property is partitioned or sold or released before 2004 dec that daughters could not get the share?

Dr J C Vashista (Advocate) 08 November 2022

In a landmark judgment, on August 11, 2020, the Supreme Court has held that daughters will have coparcenary rights on their father’s property, even if the latter died before the Hindu Succession (Amendment) Act, 2005, became effective.

Advocate Bhartesh goyal (advocate) 08 November 2022

Recently S.C held in civil appeal no 6659/2011 titled as Arunachala Gounder vs Ponnuswamy decided on 24-01-2022 "Daughters are now treated as par with sons of coparceners and granted equal coparceners right.The daughters while claiming coparcenary rights,would not be able to questions the disposal or alienation of ancestral property by existing coparceners prior to Dec 20, 2004. The daughters shall remain coparcener throughout life, irrespective of fact their father is alive or not"

Vimal Nathan 08 November 2022

Here, It states that the daughters cannot question any alienation done before Dec 20, 2004. In my case the co parseners are my father and only brother who done a partition release deed by 1996. So it is registered by them and got alienated?