• Equal share for daughters in father's property

Has the supreme court ruled a judgement that Hindu married daughters do not have equal share in her father's property?

Thanks
Sachin
Asked 6 months ago in Property Law from Bengaluru, Karnataka
Religion: Hindu

There is no such judgement the married daughter have equal share in the property, marriage doesn't.effect her share in parents property.

Shubham Jhajharia
Advocate, Ahmedabad
15272 Answers
63 Consultations

5.0 on 5.0

SC has held that daughter has equal share in father ancestral property from her birth . Her marriage is immaterial 

Ajay Sethi
Advocate, Mumbai
61254 Answers
3715 Consultations

5.0 on 5.0

Hindu married daughters do have equal share in her father's self acquired property 

 

if its an ancestral property then the daughter has a legal share in the joint family property only if her father was living on the date on which the Hindu Succession Amendment Act came into force i.e. 9.9.2005

 

if father was not alive on above date then the daughter, whether married or not, cannot claim coparcenory rights in ancestral property

 

however the daughter can claim right if the property was the self acquired property of the father because a daughter is a class 1 legal heir of a Hindu Male under s.8 of Hindu Succession Act - Schedule 1

Yusuf Rampurawala
Advocate, Mumbai
3871 Answers
16 Consultations

5.0 on 5.0

No such ruling, daughter have equal share in father property on his intestate demise.

Yogendra Singh Rajawat
Advocate, Jaipur
9759 Answers
8 Consultations

4.6 on 5.0

The married daughter have equal right in the parental property after the advent of amendment in Hindu Succession Act 1956, that came into force since 9th September, 2005.

Mohammed Mujeeb
Advocate, Hyderabad
7050 Answers
3 Consultations

4.5 on 5.0

The Married daughter have equal right in the parental property after the advent of amendment in Hindu Succession Act 1956, that came into force since 9th sept 2005. 

The Hindu Succession Act, 1956, originally didn't give daughters equal rights to ancestral property. This disparity was removed by an amendment that came into force on September 9, 2005.

Ganesh Kadam
Advocate, Pune
6426 Answers
47 Consultations

4.9 on 5.0

Dear Sir,

Till today as far as my knowledge is concerned no such judgment was delivered by Hon'ble Supreme Court.

Kishan Dutt Kalaskar
Advocate, Bengaluru www.kishanretiredjudge.com
3968 Answers
92 Consultations

5.0 on 5.0

That is not right. 

In the alternative judgment has been passed that following certain conditions the daughter will have equal share in the property. 

Regards 

Anilesh Tewari
Advocate, New Delhi
15470 Answers
226 Consultations

5.0 on 5.0

No even Hindu married daughter will have the equal right in the property of the father if the property is ancestral in the nature or the Father dies intestate without leaving a will in favour of the children

Vimlesh Prasad Mishra
Advocate, Lucknow
4884 Answers
12 Consultations

4.9 on 5.0

There is no judgement as such as a Hindu married daughter has equal rights in her father's property and would be a class 1 legal heirs in case the father dies intestate.

Siddharth Jain
Advocate, New Delhi
3813 Answers
42 Consultations

5.0 on 5.0

In father's property all legal heirs have equal right, it doesn't matter son aur daughter or married or unmarried

Supreme court not ruled such judgement that married daughter don't have equal share in father's property

The Married daughter have equal right in the parental property after the advent of amendment in Hindu Succession Act 1956, that came into force since 9th sept 2005. 

The Hindu Succession Act, 1956, originally didn't give daughters equal rights to ancestral property. This disparity was removed by an amendment that came into force on September 9, 2005.

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

No no such judgement is delivered. Only a judgement about interpretation of amendment of 2005 of hindu succession Act is dleivered,

Prashant Nayak
Advocate, Mumbai
8254 Answers
11 Consultations

4.8 on 5.0

No such judgements come from supreme court so far.

 

The Supreme Court of India has said that women do not have the right to inherit ancestral property if their fathers died before September 9th, 2005. The view of the Supreme Court is that amended provisions of the Hindu Succession (Amendment) Act, 2005, do not have retrospective effect. The father would have to be alive on September 09, 2005, if the daughter were to become a co-sharer with her male siblings.

Ajay N S
Advocate, Ernakulam
3106 Answers
59 Consultations

5.0 on 5.0

No, it is a wrong notion.

The supreme court has never made any such ruling.

They are applicable only for ancestral nature property

 

T Kalaiselvan
Advocate, Vellore
51330 Answers
609 Consultations

5.0 on 5.0

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