No if the property was transferred to sons name in 1964 and further it is ancestral property then daughter has no right tough if the nature of property is not ancestral then daughter had right even before 2005 and she can claim right in same.
Father dies in the year 1964 and ancestral property was transferred (during grandfather's partition process) to 2 sons in year 1965 (both son's names mentioned in partition deed, but not daughter's name). Daughter is still alive & was married somewhere in late 60's, after father's death. Now, 2 sons are trying to get this property divided between themselves. Do they have to share this ancestral property with daughter too? Please clarify.
No if the property was transferred to sons name in 1964 and further it is ancestral property then daughter has no right tough if the nature of property is not ancestral then daughter had right even before 2005 and she can claim right in same.
Where father died before 9.9.2005 daughter shall not have any right to the an ancestral property of the father.
Dear Sir,
In 2005, the Supreme Court had passed a landmark amendment to the Hindu Succession Act of 1956 as the Hindu Succession (Amendment) Act, 2005, granting daughters the right to inherit ancestral property along with their male relatives. But a daughter can only hold a right to the ancestral property if the father has died after this amendment came into force in 2005, the Supreme Court rules. In other words, the father would have to be alive till September 9, 2005, for the daughter to become a co-sharer of his property along with her male siblings. thus, this Act has a retrospective effect that is the date of a daughter becoming co-parcener is on and from the commencement of the Act.
Before the amendment of the Act, women could only ask for maintenance from a joint Hindu family. The only restriction in force after the passage of this amendment was that women could not ask for a share if the property had been alienated or partitioned before December 20, 2004, the date the Bill was introduced.
But the Supreme Court again on February, 2018 made a look into this matter and held in Prakash vs Phulwati (2016) that the amendment to be retrospective as regards daughters who are living as on the date of amendment (September 9, 2005), the recent decision has made it a general rule that a daughter (living or dead) on the date of amendment will be entitled to share in father’s property, thus making her children too to claim this right.
A Bench of Justices AK Sikri and Ashok Bhushan ruled, “The amended provision (Section 6 of Hindu Succession Act) now statutorily recognises the rights of coparceners of daughters as well since birth..It is the very factum of birth in a coparcenary that creates the coparcenary, therefore the sons and daughters of a coparcener become coparceners by virtue of birth.”
After father`s death, daughter would equally inherit property along with brothers. Daughter have 1/3rd share. Partition will effect in 3 parts, 1/3rd share each.
The property left behind by your deceased father shall not be considered as ancestral property even though he had acquired the same from his father.
Thus, the daughters are entitled for an equal right in the said proeprty at par with their male counterparts.
As the daughter of your deceased father, you are entitled for yours legitimate share in the property.
If your brothers are not agreeing for an amicable solution you may file a partition suit and for separate possession of your rightful share in the property.
The latest amendment in the Hindu succession act is not relevant to this situation.
1. Irrespective of the death of their father, the daughters are entitled to equal share in the ancestral property.
2. The amendment to the Hindu Succession Act in 2005 has been further decided by the Hon'ble Supreme Court removing the cutoff date for the eligibility for the daughters to claim equal share on par with their brothers, irrespective of the date of death of the daughter and her father.
3. Send a legal notice to claim your entitled right in the ancestral property and if it does not produce the positive response, file a case in the jurisdictional Civil Court for Partition, declaration and separate possession of the property by metes and bounds.
1. Girl child is equally entitled to her share of her paternal property if her father dies intestate.
2. In the instant case, it is to be seen as to in whose name the property stood.
3. If it stood in the name of your grandfather, then he had the right to settle the property in favour of anybody he feels like.
4. However, your brothers can not partition the said property of their own without giving you your due share.
Yes daughters have right over ancestral properties the amendment of 2005 was only for coparcenary property and not for individual property.
If father died before 9.9.2005, Can Daughters claim still? If yes, is it equal share or only from 'Notional' part of the property? Please clarify.
1. Irrespective of the date of father's death, whether it's before [deleted] or after [deleted] or even before the Hindu Succession Act 1956 came into being, daughters are entitled to equal share in the ancestral property.
2. The notional partition was existent before for the daughters. However, in view of the various Hon'ble Supreme Court judgements, subsequent to the amendment to Hindu Succession Act in 2005, it has been held that daughters are entitled to equal share on par with their brothers, irrespective of the date of death of their father, whether it was before [deleted] or after that date.
1. Ancestral property is defined differently and yours is not an ancestral property.
2. Daughters have equal right on the said property even if their father has died before 9.9.2005.
3. They will get equal physical share of the said property and not notional share of it.
The daughters are entitled to an equal share out of their father's properties if the father is reported to have died intestate, the year of death does not matter.