Hindu daughters not entitled to equal share in ancestral property if they had died before September 9, 2005, rules Madras High Court
The Madras High Court ruled that daughters are only entitled to equal shares in ancestral property if they were alive when the Hindu Succession (Amendment) Act came into force on September 9, 2005. The court clarified that the law cannot be applied retroactively to heirs of women who died before that date.
In a Hindu family, the daughter of a coparcener (a person who has a legal right to share in an ancestral property by birth) will acquire equal rights, compared to a son, in the coparcenary property only if she had been alive on September 9, 2005 when the Hindu Succession (Amendment) Act, 2005 came into force and not otherwise, the Madras High Court has held.
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