Ancestor property
5 months ago
Family tree-
Great great grandfather(A) has two son B and C , Property divided between them.
B has two sun D and E and C don't have
sun so B property goes to the D and C property goes to the E
E gives he's property to his two sun
As E daughter can I ask for my share
A.Dear Client,
A daughter has equal rights to the father's ancestral property and she can make a legal claim for the same, this right over property of the girl child is protected by the Hindu Succession Act 2005. In the case of Arunachala Gounder v. Ponnusamy, (2022) 11 SCC 520, the Supreme Court held that the father’s property shall be inherited by the daughter.
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A daughter has equal rights to the father's ancestral property and she can make a legal claim for the same, this right over property of the girl child is protected by the Hindu Succession Act 2005. In the case of Arunachala Gounder v. Ponnusamy, (2022) 11 SCC 520, the Supreme Court held that the father’s property shall be inherited by the daughter.
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A.Dear Client,
Under the Hindu Succession (Amendment) Act, 2005, daughters could claim their share only if the father died after September 9, 2005. However, the recent judgment passed on August 11, 2020 by the Supreme Court has made it clear that the daughters enjoy equal rights to their father’s ancestral property, irrespective of the year of their father’s death. The Supreme Court has further stated that if the daughter dies while her father is alive, her children can claim their mother’s share of her grandfather’s ancestral property. The Apex Court claims that a daughter receives her coparcenary rights by birth. Thus, the rules under the Act apply even when the father was not alive at the time of the amendments made in 2005. Moreover, the daughter’s marriage does not affect her rights to coparcenary property.
Under the Hindu Succession (Amendment) Act, 2005, daughters could claim their share only if the father died after September 9, 2005. However, the recent judgment passed on August 11, 2020 by the Supreme Court has made it clear that the daughters enjoy equal rights to their father’s ancestral property, irrespective of the year of their father’s death. The Supreme Court has further stated that if the daughter dies while her father is alive, her children can claim their mother’s share of her grandfather’s ancestral property. The Apex Court claims that a daughter receives her coparcenary rights by birth. Thus, the rules under the Act apply even when the father was not alive at the time of the amendments made in 2005. Moreover, the daughter’s marriage does not affect her rights to coparcenary property.
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