Wednesday, December 9, 2015

Daughters cannot inherit ancestral property if father died before 2005: SC

By disappointing many women in the country, the apex court(Supreme court) announced that the 2005 amendment in Hindu law will not give property rights to a daughter if the father died ahead the amendment took place. If the daughter want to become a co-sharer with her brothers, the father would have to be alive on September 9, 2005.
Highlights:
Bench led by  Justices Anil R Dave and Adarsh K Goel said that the date of a daughter having equal right in an ancestral property is on and from the day one of the Act.
  • Division of inherited property plus its distribution taken place before December 20, 2004 likewise the law applicable at that time, would remain unaffected by the2005 amendment, and those distributions can no longer be resumed by daughters.
  • Till now, they could not ask for a share if the property had been divided or distributed before December 20, 2004, the date the Bill was made known.
Supreme court of India:
Supreme Court of India is the highest judicial assembly and final court of appeal under the Constitution of India. It consists of the Chief Justice of India and 30 other judges. As the final court of appeal, it takes up appeals against decisions of the High Courts of various States.

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