Daughter can claim her share in ancestral property even before Amendment Act 2005


Last updated: 28 November 2022

Court :
Supreme Court of India

Brief :
This is a landmark judgement of the Apex Court and the amendment in Hindu Succession Act,2005 ,which has changed family landscape of India. Earlier daughters have no right in the ancestral property of father and they are also no considered as coparcener in the family of father. The Apex Court held that Coparcenary rights, as rights of birth, cannot be ‘conferred' at a point in time, this means that a daughter can claim her share in ancestral property even before amendment act,2005. The death of her father does not matter in this case.

Citation :
The Hindu Succession Act, 1956

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