The Hindu Succession Act, 1956, originally didn't give daughters equal rights to ancestral property. This disparity was removed by an amendment that came into force on September 9, 2005 and incorporation of Section 6 of Hindu Succession Act.
A bare perusal of sub-section (1) of Section 6 would clearly show that the legislative intent in enacting clause
(a) is prospective i.e. daughter born on or after 9 September 2005 will become a coparcener by birth,
but the legislative intent in enacting clauses (b) & (c) is retroactive, because rights in the coparcenary property are conferred by clause (b) on the daughter who was already born before the amendment, and who is alive on the date of Amendment coming into force. Hence, if a daughter of a coparcener had died before 9 September 2005, since she would not have acquired any rights in the coparcenary property; her heirs would have no right in the coparcenary property.
Query: Hi Myself Pradeep Kumar from Hindu community residing in Bangalore Karnataka state.
Person A my maternal grandfather deceased is a coparcener by birth and owned ancestral agricultural land in Karnataka India, had two children one my mother deceased and my uncle. As my mother was born after 1956 and died in the year 2000 before Hindu succession act 2005 according to above Highlighted sentences says that I am not legally eligible for my maternal grandfather property.
But another law points in Section 6 (3) regarding Hindu succession amendment act 2005 shown highlighted below says that as a coparcener my maternal grandfather dies after Hindu succession act 2005. So I will be eligible to my ancestral property even though my mother had expired before the Hindu succession act 2005.
Note: Maternal Grandfather didnít rite legal will for his property and maternal grandmother too is expired in the year 2006.Can I claim rights in my deceased mother ancestral property as land is pursed by my uncle? Please reply regarding this Issue?
(3) Where a Hindu dies after the commencement of the Hindu Succession (Amendment) Act, 2005*, his interest in the property of a Joint Hindu family governed by the Mitakshara law, shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship, and the coparcenary property shall be deemed to have been divided as if a partition had taken place and,ó
(a) The daughter is allotted the same share as is allotted to a son;
(b) The share of the pre-deceased son or a pre-deceased daughter, as they would have got had they been alive at the time of partition, shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter
(c) the share of the pre-deceased child of a pre-deceased son or of a pre¨-deceased daughter, as such child would have got had he or she been alive at the time of the partition, shall be allotted to the child of such pre-deceased child of the pre-deceased son or a pre-deceased daughter, as the case may be.
Please reply to this issues at the earliest.