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

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    • #634
      Venkat NKB
      Guest

      Hi Dr. Ashok Dhamija,

      Hindu daughters cannot inherit property if father died before 2005-

      What are the Conditions –

      1) is it Only Condition -if father died before 2005 or else any other conditions are there

      2) how it applicable to States Like Andhra Pradesh.

      If Applicable What Documents we need to provide to Daughter family so that they cannot claim

      Thanks ,

      Venkat

    • #652

      You appear to be referring to the Supreme Court judgment in the case of Prakash v. Phulavati, (2016) 2 SCC 36, which was quoted in a Tilak Marg Forum answer given at the following link: Hindu daughters cannot inherit property if father died before 2005.

      This judgment related to devolution of interest in coparcenary property in a Joint Hindu family governed by the Mitakshara law. Please read the above Tilak Marg Forum answer where it is explained in detail.

      In so far as general law of succession amongst Hindus is concerned, it is governed by the Hindu Succession Act, 1956, under which daughters are equally entitled to property of their father or mother. This is in spite of whether the death of father took place prior to 2005 or thereafter. Please see sections 8 along with the Schedule of the said Act; and also see section 15 thereof.

      General law of succession amongst Hindus should not be confused with devolution of interest in coparcenary property in a Joint Hindu family to which the above SC rule was applicable.     


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

    • #810

      what is the status of state amendment of Hindu succession act -section 29 (a) of andhra pradesh after amendment of central act of Hindu succession act section 6 of 2005

      which one is applicable for unmarried daughters in andhra pradesh?
      father died prior to 1985 and unmarried daughter is alive at that time of amendment..

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