• Partition of parental property

What about the yesterday's Supreme Courts decision on Hindu Succession Act 2005 i.e implementation will be after 9th Sept.2005 and Daughters will not get the property share if death of Father is before 2005?
Our father passed away in 1994 and Mother was on 19th Sept. 2015. I have 4 brother and 2 sisters. Will we sister get the share in property? One of our sister is divorcee but having Govt. job. Please clear our Doubt.
Thanks.
Asked 1 year ago in Property Law from Ujjain, Madhya Pradesh
Religion: Hindu
1) the judgement of SC is only in respect of ancestral property 

2) it does not apply to self acquired property of your parents 

3) on your parents demise property would be equally divided among sons and daughters 
Ajay Sethi
Advocate, Mumbai
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1) you would get equal share in property 

2) you need not worry as it is self acquired property of your parents 
Ajay Sethi
Advocate, Mumbai
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1214 Consultations
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If the property in question was owned by your father then it is not ancestral in character. The SC judgment does not take your property within its sweep. If your father passed away without making a will then his property has devolved equally on his widow and all children including daughters. Any of the sisters is at liberty to file a lawsuit for partition to cull out her share in the property.
Ashish Davessar
Advocate, Jaipur
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What about the yesterday's Supreme Courts decision on Hindu Succession Act 2005 i.e implementation will be after 9th Sept.2005 and Daughters will not get the property share if death of Father is before 2005?
Which judgement are you referring to in your question? There is no such judgment as referred by you, you may give reference if you have any.
Coparcener is a person who shares equally with others in the inheritance of an undivided estate or in the right to it.
“Section 6 of Hindu Succession Act, 1956 as amended by the Amendment Act of 2005 is retroactive (taking effect from a date in the past) in operation.” The Amendment Act of 2005 applies to a daughter of coparcener, who (the daughter) is born before 9 September 2005 and alive on 9 September 2005, on which date the Amendment Act of 2005 came into force. 
Therefore, it is imperative that the daughter who seeks to exercise such a right must herself be alive at the time when the Amendment Act, 2005 was brought into force. It would not matter whether the daughter concerned is born before 1956 or after 1956. This is for the simple reason that the Hindu Succession Act 1956 when it came into force applied to all Hindus in the country irrespective of their date of birth. The date of birth was not a criterion for application of the Principal Act. The only requirement is that when the Act is being sought to be applied, the person concerned must be in existence/ living,” the court said in its order.






Our father passed away in 1994 and Mother was on 19th Sept. 2015. I have 4 brother and 2 sisters. Will we sister get the share in property? One of our sister is divorcee but having Govt. job. Please clear our Doubt.
The father's property upon his intestate death shall devolve on all his legal heirs equally, therefore you and sisters are children to your father are entitled to a legitimate share equal to that of your brothers and mother in your father's property.




Names of all brothers and sisters are already registered in property. Please give the possible suggestions. If according to above Supreme Court's decision sisters will not get any share then what we can do?
Your worries are unnecessary, all the daughters are entitled to a share in the father's property, Dont be misguided by some body's wrong guidance or false rumours. 

T Kalaiselvan
Advocate, Vellore
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1. The Amendment to Hindu  Succession Act 2005 is in respect of Ancestral Property and it is not clear from your letter whether the property you are referring is ancestral or self acquired property of your father.
2. Even if it were to be ancestral property, since the property is already registered in the names of all the brothers and sisters, it cannot be reversed now and the ownership of the property remains intact and  all the siblings are co-owners of the property even in the light of Amendment to Hindu Succession Act.
3. Irrespective of the marital status and profession of the sisters, they get equal rights in the property.
Shashidhar S. Sastry
Advocate, Bangalore
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59 Consultations
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