‘Daughters cannot inherit ancestral property if father died before 2005’

In a major setback for many women across the country, the Supreme Court has said that a daughter’s right to ancestral property does not arise if the father died before the amendment to Hindu law came into force in 2005.

The apex court held that amended provisions of the Hindu Succession (Amendment) Act, 2005, do not have retrospective effect. The father would have to be alive on 9th of September, 2005, if the daughter were to become a co-sharer with her male siblings.

A bench of Justices Anil R Dave and Adarsh K Goel held that the date of a daughter becoming co-parcener is on and from the commencement of the Act.