• Joint hindu properties of west bengal

New Delhi: " In a major setback for many women across the country, the Supreme Court has said that a daughter's right to ancestral property does not arise if the father died before the amendment to Hindu law came into force in 2005."

I am form west Bengal Hindu family, My question is above Act. which is declare A bench of Justices of Supreme Court, is it applicable all over India and every Estate? 

Q.1.. West Bengal also? If not, then why the different law in our country.?

Hindu properties law.
** mitaskhara
** deyabhaga

Q.2. I think west Bengal is deyabhaga low. is that above Act will effect in deyabhaga also?
I am 75 years old. our family was  joint family. Father dead 1967.  6 sister and 2 brother. 1 sister dead before 3 years at the age above 75 years. and she had no. child and husband.  now 5 sister all are married. younger sister age above 55 years. 

we have 10 katha land. with very old (70 years) three room house. now its condition is very poor. it is broking, wall and ceiling condition very dangerous situation. vacant land become jungle,  But  I can't renovate or sale. because two sister demanding huge money,(18 + 15 lakes) another 3 sister demand reasonable (6 X 3=18 lakes) we are willing to pay (6 x5= 30lakhs) as land price. the land not in big city. and cost 7-8 lakes per katha. They are also not helping for maintaining the land or house. till now land owner is my father who died 1967. no mutation for sons and daughters. 

In this situation please tell me what should We (two brother and their family) do?  How we stay as human? Or we can sale the land because I am also very old and can’t  maintain the house and  land.
Please help me.

Uttam chakraborty
Barrackpore West Bengal, 
Uttam99@gmail.com

** Please consider me for my any mistake because I am common people.
Asked 7 years ago in Property Law
Religion: Hindu

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7 Answers

1) the judgment of SC is applicable all over India including WB

2) sell the house and split sale proceeds equally among the legal heirs

3) daughters have equal share in self acquired property of father

4) judgment of SC is in respect of ancestral property only

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

1.You are right .The Supreme Court does not have any applicability upon the Bengalis who are governed by Dayabhaga school of succession where there is no concept for ancestral proeprty.

2. So in your case since there is no clear consensus among the brother and sisters the best option s either to execute a mutual deed of partition to divided among yourselves which if is very unlikely can be substituted with filing suit for partition by metes and bounds.

3.Since you appear to be from Kolkata region you may feel free to contact me for further assistance on this. You will get my contact details from my site - www.acelegalfirm.com.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) property which has remained undivided for four generations would be ancestral property

2) in the present case it is self acquired property of your father

3) hence daughters have equal share in the property

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

1. The said Judgment passed by the Supreme Court in connection with inheritance of daughters of ancestral property after the demise of father before 2005 is applicable on dayabhaga school of Hindu law also.

2. Yes, est Bengal comes under the 'Dayabhaga' school of Hindu Law.

3. The property is not ancestral property for which the said Judgement of the Supreme Court referred by you will not be applicable in the instant case and all the daughters of your father have equal share on their demised father's properties.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. The said property is not your ancestral property but your parental property.

2. Ancestral property is defined as the property Title of which has been flowing for generations i.e from great grandfather to great grand child without any interruption by Gift/Settlement/Sale Deed or Will.

3. The instant property is your father's property and not your ancestral property which will not attract the above Supreme ourt Judgement.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. The law by which the honorable supreme court has passed the recent judgment is applicable for the country as a whole and it is not excluding West Bengal. This state is a part of union of India.

In this situation please tell me what should We (two brother and their family) do? How we stay as human? Or we can sale the land because I am also very old and can’t maintain the house and land

Under this situation you and your brother have to file a partition suit and get possession of your shares separately leaving your sisters share asdide.

You cannot sell the entire property since there are other shareholders to claim their legitimate shares in the property.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

what is "ancestral property" who are eligible for ancestral property? why above amendment to Hindu law not effects in West Bengal

This law is common to the entire territory of Union of India and your state WB is not excluded from operation of this law.

The property in your enjoyment currently is not ancestral property, it belonged to your father and after his intestate death it devolves equally among all his legal heirs which includes your sisters and you brothers.

Therefore dont interpret the law in the manner known to you and arrive at wrong conclusions without understanding the correct meaning or proper provisions of law.

Ancestral properties means the properties that belonged to three prior generation to that of yours and remained with partition or division and had been falling on all the generations without anyone having made any settlement or family arrangement in between and now falling in the hands of fourth generation in the same status as it was purchased by your forefathers.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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