New Delhi: According to Supreme Court, daughters can only claim their ancestral property right if ‘father’ died after the amendment of Hindu law.
The court has said that a daughter’s right to ancestral property does not arise if the father died before the amendment to Hindu law, which came into force in 2005.
“The father would have to be alive on 9th of September, 2005, if the daughter were to become a co-sharer with her male siblings,” the ruling said.
The bench comprises of Justices Anil R Dave and Adarsh K Goel held that the date of a daughter becoming co-sharer is on and from the commencement of the Act.
Earlier, under the Hindu Succession Act, 1956, a daughter was not empowered to inherit rights in ancestral property. Later, Congress-led UPA government amended the Act on September 9th, 2005 and empowered them to inherit the ancestral property.