Supreme Court denies right for daughter to lay a claim over the ancestral property of the father if he died before year 2005

Supreme Court denies right for daughter to lay a claim over the ancestral property of the father if he died before year 2005

The supreme court has given the verdict that daughters do not have the right to claim the ancestral property of her father if he died before or on 9th September 2005. According to the Hindu Succession Act of 1956 daughter did not have any right to inherit the ancestral property of her father unlike her brother. She could only demand maintenance from her family of her father. But this act was amended by UPA government on September 9th, 2005 empowering woman or a girl with the right to inherit the ancestral property of her father. As per the amendment , the woman or a girl will have same share in ancestral property of her father as her brother(s) at the time of division of the ancestral property.

A bench comprising of supreme court justices Adarsh K Goel and Anil R Dave stated that the date of a daughter becoming coparcener in the ancestral property of her father is that date on and from which the amended act came into existence. Providing more simplified version of the Hindu succession act amendment to the citizens of India, the supreme court declared that it is necessary for both the daughter and her father to be alive on the date 9th September 2005 on which the amendment came into existence.

There is a question arising in the minds of many general public that if a male heirs can inherit or lay claim for equal share in the ancestral property of father without any preconditions then why not females or daughters or girls. The decision of the supreme court has raised eyebrows of general public, learned persons as well as intellectuals.

Still a question lingers in minds of all of us as to why the Hindu Succession Act of 1956 was not amended earlier and why it took so many years to amend this act which was favoring male more than their female counterparts?