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S. K. Vaidya (Employee)     14 September 2021


If a married daughter dies before commencement of Hindu Amendment Succession Act (9-9-2005) can heir children claim the right in share of the co-parcaner property of her father. 


 1 Replies

Shubham Bhardwaj (Advocate)     14 September 2021

Dear Mr Vaidya, Yes, the heirs of a married daughter (died) are entitled to the property of their mother (died). The Hon'ble Supreme Court in the case of Vineeta Sharma versus Rakesh Sharma & Ors has held that Section 6 has retrospective effect i.e. it will apply even if daughter was born before the Hindu Succession (Amendment) Act, 2005 or that the father had died prior to the Amendment Act. Further the court also held that a daughter would have a right similar to a son. So taking an example if a son dies before amendment act, he would still be entitled. Therefore, if daughter (dead) was entitled, the heirs are ipso facto entitled. This is of course subject the exception contained in Section 6 itself regarding partition before Amendment Act. Regards Shubham Bhardwaj (Advocate) District & Session Court, Chandigarh Punjab & Haryana High Court, Chandigarh Disclaimer:- Opinion is only for guidance.

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