Women are not entitled to claim the share in the inherited property?

The Hindu Succession Act 1956 did not confer any rights for the daughters to inherit the ancestral assets. Only brothers were taken into consideration as the only heirs. However, this has modified with a change that came into impact on September 9th, 2005 and was seen as a large victory for the women who’re now entitled to claim the right to father’s assets.

It was enacted to cast off gender-discriminatory provisions in the Hindu Succession Act, 1956. Under the amendment, the daughter of a coparcener shall by beginning become a coparcener in her own right in the same way as the son. The daughter shall now have identical rights in the coparcenary property (ancestral assets of the Hindu undivided family) together with a son.

This change additionally repeals Section 23 of the Hindu Succession Act which disentitled a woman heir to ask for partition in respect of a residing house, wholly occupied by a joint family, till the male heirs select to divide their respective shares. This amendment also nullifies Section 24 of the Act which denied the rights of a widow to inherit her husband’s property upon her re-marriage has been repealed. This Act has introduced a crucial change this is relevant to all state governments.

Now the question occurs that whether the right of the daughter in coparcenary can also be in retrospective application which was available prior to the commencement of Amendment Act, 2005?

In the latest case of Prakash & Ors V. Phulvati & Ors, the Supreme Court in its verdict stated that the daughter has no right to the ancestral belongings if the father died before September 9th, 2005.

In this case, the daughter has filed a suit for claiming partition and separate ownership of her percentage in her father’s property. Her father passed away in 1988 and the matter was pending. During the pendency of the case, she amended her plaint and claimed the percentage withinside the property after the Amendment Act, 2005. The High Court has determined the case in favour of her and holds the view that such change could be relevant in the pending proceedings.

However, another appeal was filed before the Supreme Court towards the order of the High Court and the Apex Court has held that the daughter would have a right within side the ancestral assets inherited by her father in case if the daughter and the father are alive at the commencement of the Amendment Act, 2005

The textual content of the amendment itself definitely mentions that the rights conferred on a daughter of a coparcenary are on and from the commencement of the Hindu Succession (Amendment) Act, 2005. The Court similarly said that as per section 6(3) of the Act, it acts talks about the death after the amendment for its applicability. In view of the simple language of the law, there’s no scope for an extraordinary interpretation of the amendment.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.