Yes the judgment says that daughters have a share irrespective of the fact whether their father died before 2005 as the amendment came in 2005.
Understand Supreme court passed a new judgement on 11 August 2020 as per which married daughter's can claim their share in Agriculture ancestral property even if father died before 2005 and it is applicable with retrospective effect.Kin dly advise on this
My wifes father died in 1991 and some of the agricultural land is transferred in her brother's name but some land still not transferred
Yes the judgment says that daughters have a share irrespective of the fact whether their father died before 2005 as the amendment came in 2005.
Is the new Supreme court judgement on daughter's right in ancestral propertyapplicable with retrospective effect and includes agricultural land
Your wife has a share in her parent's property. Now even if her father died in 1991 she has a share in the property as a coparcener has a share since birth. She can claim her share.
It is applicable with retroactive effect. It is a legal-technical term but she has a share. It is not retrospective.
Yes it's on daughters right on every property and has retrospective effect. Now they have share in property by birth
No worries.
Yes,Definitely.
As per Supreme Court of India order dated 11th August 2020 and section 6 (1) of Hindu Succession Act 1956 daughters have equally divided shares right in Ancestral property of parents as sons have.
It includes with retrospective effects but also with certain restrictions as well.
1. Yes, the daughters' right in ancestral properties applicable, including agricultural land, with retrospective effect, applicable as per the latest clarification given by the Hon'ble Supreme Court in August 2020.
2. In the instant case, your father-in-law died in 1991 and those properties already transferred to your brother-in-law on or before [deleted] can't be reopened. But, however, in the properties still not transferred, your wife is entitled to get equal share, alongwith her brother/s, as per the Hon'ble Supreme Court clarification.
As far as the state of UP is concerned, the succession of agricultural property by married daughter was not available until recently.
The government has amended the law in this regard and thus the daughters are entitled to a share in the agricultural property left behind by the father.
The latest supreme court judgment has nothing to do with this issue.
You can file a partition suit and claim your share in it.
Your wife can file a suit for partition and claim her legitimate share in it if her brother is not accepting an amicable settlement.
As far as the succession of agricultural property is concerned, every state had their own rules.
In UP , the married daughters were not entitled to any share in the agricultural property until recently wherein the government has amended the law and made provisions for the married daughters eligible for share in it.
If some land's are not transferred on her brother's name and her name still appear on the mutation papers then your wife can apply for her share in the ancestral property.
1. IF Father died intestate (without WILL), THEN irrespective of any criteria, "ALL" his residual legal heirs (including married daughters) shall have EQUAL rights in Father's "ALL" properties (which includes agricultural land, fixed deposits, etc....), without any exceptions, whatsoever.
2. However, IF father had left a WILL for his self-acquired properties, THEN property will be distributed according to wishes of Father's will.
3. Property to be classified as "Ancestral Property" must be atleast 4 generations old.
The property which was transferred before the passing of this decision is no more amenable for challenge.
Therefore those properties which are still available can be claimed by daughters and on refusal can file suit for partition.
Of course the new judgement of the supreme court is benchmark in this regards and any property which is of ancestor nature and is transferred to only brothers after the death of the father can be claimed by the daughters as well irrespective of their marital position.
You have to file partition suit in this regard to have share in the property and please be aware that these kind of fruits are known as private suit so you have to pay the court fees in this regard it will be based on the value of the property in share claimed.
- Yes, now you wife can claim her right over all type of property including agriculture , left by her father .
- She should send a legal notice to other legal heirs , and thereby ask for her equal share in the property .
- If refused , the she can file a Suit for Partition & Permanent Injunction before the court , for getting her share in the property , and for restrain them from selling any portion of the property.
Dear sir,
Yes, the judgment is having a retrospective effect to the extent that your wife can claim a share in her father's property if there was no partition earlier.
Yes, the judgment includes agricultural land too.
daughter is entitled to equal property rights even if the coparcener had died prior to the coming into force of the Hindu Succession (Amendment) Act, 2005.