HINDU WOMEN CAN CLAIM HER SHARE IN ANCESTRAL PROPERTIES FROM 1956


A HINDU WOMEN IS ENTITLED TO CLAIM HER EQUAL SHARE THAT OF A SON IN THE ANCESTRAL PROPERTIES  PROPERTIES AND IRRESPECTIVE OF HER MARRIAGE STATUS(MARRIED OR UNMARRIED)FROM 17-06-1956, IF IT(PROPERTY) HAD NOT BEEN(SOLD) ALIENATED, DISPOSSESSED, OR PARTITION AFFECTED BY A REGISTERED PARTITION DEED BEFORE 20-12-2004. THE STATE AMENDMENTS IN THIS REGARD, AUTOMATICALLY GETS REPEALED, AS THE CENTRAL ACT WILL HAVE A OVERRIDING EFFECT, IRRESPECTIVE OF THE STATES.

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11 thoughts on “HINDU WOMEN CAN CLAIM HER SHARE IN ANCESTRAL PROPERTIES FROM 1956

  1. Sir,
    please understand,use of word HUF will also confuse, HUF is an entity by Income tax laws, all hindu undivided family need not have HUF neccessary, besides ancestral means comming from grand father ( maternal side / paternal side , in laws side ) as many Advocates/ common people get confused with word ancestral also, here it would be more transperant if we use word Ancestral( father side ) , HUF ( HUF entity) and hindu undivided family ( not created by agreement ).
    thus the intheritance is from Hindu undivided family, HUF, and Ancestral ( father side ) this three are basic inheritance, also if you can add, inheritance from joint family nucleus where father has added / contributed to the property .
    The efforts will be much better for guidence.

    • Dear Sir,
      If the said property is not alienated or dispossessed or partitioned through registered will, she can.
      ecopackindia team

  2. Now with the recent Supreme court judgement it is amply clear that for Ancestral property, a woman married before the respective state amenedment or before 2005 amendment can’t claim her right especially if the Father was not alive at the time of the amendment.

  3. If a person made a will of his personal property in favor of his son, can his daughter claim her share in that property after his death? Will is in favor of son!

    • Dear Sir,
      If the property is self acquired, a will can be executed as he(testator) has the absolute titles, can dispose of it in any manner he wishes. He can execute a will in his son`s favour. Nobody can make any claim on the self acquired property.
      The daughter may contest stating that the will is not Genuine. The burden of proof lies on the son to prove its genuineness.
      ecopackindia team

  4. When a widow is brought back to her father’s house after her husband’s death on her father’s own wish . Can she claim her share after her father’s death or not?If yes than what are the benefits and rights that she holds

    • Dear Ms.Sonal,
      We may not be able to study it due to Insufficient and incomplete detail and information. If the father had inherited the ancestral property, and expired without making any testament, irrespective of her marriage status, she might be able to claim her share through partition. HSA amendment of 2005 has brought the daughters in parity with the sons or the male members of the hindu joint family.
      Please consult with all the details regarding the property and family with an advocate specialised in the property matters.

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