• Ancestral property rights of women amended act 2005

Recently various judgements from apex n high courts confuses the layman.will the courts uphold same view of law of equal rights to married daughters in both movable n immovable property.In my case my father-in-law expired in 1990.by then A.P women's equal rights  in property 1985 was in vogue.
1.does the present view of courts affect negatively my wife's claim to her ancestral property which is undivided till date?
2. Her  husband/daghters can go to court seeking for propeerty division with her consent?
Asked 10 months ago in Property Law from Hyderabad, Telangana
Religion: Hindu
1. Succession applies with equal vigour to movable and immovable property of the deceased. So if the property is ancestral then your wife has succeeded to it along with other coparceners. The SC ruling does not apply to AP as the state of AP had amended the law much before it was done at the national level by the Parliament in 2005. 

2. After the lifetime of your wife heirs can file for partition to cull out her share whereas during her lifetime none of her heirs has the right to claim a share therein.
Ashish Davessar
Advocate, Jaipur
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Hi, as per latest Supreme Court Judgement the daughter can claim ancestral properties only when (1)there is no prior partition in the family and (2)if the fater died before 09-09-2005 then daughter can't claim share in the ancestral properties. These two conditions are must be fulfilled.

2. Coming to your case as your father-in-law died in the year 1990 itself so your wife has no right to  claim share in the ancestral properties.
Pradeep Bharathipura
Advocate, Bangalore
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133 Consultations
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1) please clarify on what basis you say property is ancestral 

2) as per latest SC judgement daughter would not have share in ancestral property if her father died before 2005 
Ajay Sethi
Advocate, Mumbai
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1. As per the latest Supreme Court Judgment in this regard, the Hindu Succession Act, 2005 is prospective nd not retrospective,

2. It means that the daughters will have no right on the properties of their fathers if their fathers demised before enactment of the above Act. So, the question of her or her husband's/daughter's seeking division of the said property does not arise at all.
Krishna Kishore Ganguly
Advocate, Kolkata
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231 Consultations
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1.does the present view of courts affect negatively my wife's claim to her ancestral property which is undivided till date?
If the property remains undivided and your wife remains unmarried, she may make a claim for it.


2. Her  husband/daghters can go to court seeking for propeerty division with her consent?
No, only she can approach court seeking partition and her share in the property, if at all she is entitled.
T Kalaiselvan
Advocate, Vellore
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after the judgment of Prakash vs Phulvati AIR 2015 it is well settled by the supreme court that daughter is not entitled to get share in ancestral property if her father is died before 20 december 2004. 

in your case your sister is not entitle to get share in ancestral property.
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
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