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Daughter gets right in ancestral property by birth

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

The Supreme Court has held in the Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1; that daughter gets right in the ancestral property by birth. She will get share in the ancestral property even if her father has died before the 20th September 2005. 

There was a contradiction in the two judgments of the Supreme Court. In Prakash & Ors. V. Phulavati & Ors., (2016) 1 SCC (Civ) 549, the Supreme Court has held that if the father has died prior to 20-09-2005 his daughters would have no right in the ancestral property.

But the decision of Prakash vs Phulavati case has been overruled by the Supreme Court so far as relates to the timing of father’s death. In Danamma @ Suman Surpur vs Amar (2018) 3 SCC 343, the hon’ble court gives judgment that daughter will have right in the ancestral property however, her father died before 20-09-2005. The court held that right of daughter is absolute and unconditional.

20-09-2005 is the date of enforcement of Hindu Succession (Amendment) Act 1956. This amendment Act provides that daughter will also be a coparcener thus she is entitled to get share in ancestral property. 

When a contradiction arose in respect of when the daughter shall get share in the ancestral property, the Supreme Court (Justice, Arjan Kumar Sikri) has sent the Vineeta Sharma case before the full bench (three judges bench) to settle the law on this issue. 

Judgment of Vineeta Sharma

The full bench has decided the case and has settled the dispute regarding the timing of devolution of ancestral property to daughters. 

  • The daughter will get share in the ancestral property regardless of whether her father died on or before 20 September 2005. 
  • Daughter accrues coparcenary rights in ancestral property by birth.
  • The daughter who is born before 20 September 2005 can claim right in the ancestral property from the date of enforcement of amendment Act 2005.
  • If the ancestral property has partitioned or devolved upon its coparceners on or before 20 December 2004 the daughters have no right to claim their share.
shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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