If women have rights to their father’s property, why are wives asking money from husbands ?? !!

Supreme court clarifies AGAIN that daughters have right to their father’s Property !!

In a historic judgment of far reaching consequences, the Honourable Supreme Court of India has yet again clarified that Hindu daughters have rights to ancestral properties (from their father’s side … The only technical issue is that this law is valid since 2005 … yeah since 11 years ago !!

So, IF daughters have rights to their father’s property, why is my wife asking me for money ???  (please note that Muslim daughters ALREADY had a share according to Sharia, even before this law came into force !!)

I am sure the erudite readers here can help me understand !!


>>>>>> News from IBN  India web portal is given below. However this decision was widely reported in many news papers >>>>>>>>

Daughters can inherit ancestral property if father died after amendment of Hindu Law in 2005: Supreme Court

Posted on: 12:29 PM IST Nov 03, 2015

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New Delhi: In a Supreme Court ruling, daughters can only claim their ancestral property right if ‘father’ died after the amendment of Hindu law.

The apex court has said that a daughter’s right to ancestral property does not arise if the father died before the amendment to Hindu law, which came into force in 2005. Daughter can become a co-sharer in father’s ancestral property if he died after the amendment of Hindu Law.

“The father would have to be alive on 9th of September, 2005, if the daughter were to become a co-sharer with her male siblings,” the ruling said.

The ruling stated that the amended provisions of the Hindu Succession (Amendment) Act, 2005, do not have retrospective effect. The bench comprises of Justices Anil R Dave and Adarsh K Goel held that the date of a daughter becoming co-sharer is on and from the commencement of the Act.

Earlier, under the Hindu Succession Act, 1956, a daughter was not empowered to inherit rights in ancestral property. Later, Congress-led UPA government amended the Act on September 9th, 2005 and empowered them to inherit the ancestral property.

Before the amendment of the act, women could only ask for maintenance from a joint Hindu family. The only restriction in force after the passage of this amendment was that women could not ask for a share if the property had been alienated or partitioned before December 20, 2004, the date the Bill was introduced.

15 thoughts on “If women have rights to their father’s property, why are wives asking money from husbands ?? !!

  1. PURNACHANDER RAO DAITA

    their right in father’s property is independent of their asking money from husbands. The latter one is also a right accrued from the date of their marriage though not stipulated in any Act or Statute but conventionally a predominant right. Let some one challenge their right to ask their husband money for their requirements.
    pcrao

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  2. ganesh

    who follows law….. law is for academic use and job generation for some. not for execution… this is Indian demo of craziness, democrazy, democracy …

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    1. vinayak Post author

      NO .. the amendment GIVING DAUGHTER equal rights is STILL valid and has been confirmed by the recent judgement !!
      ~~~~~~~~~~~~~~~~
      All that the SC has said is that the 2005 amendment is valid from 2005 (i.e.) prospective only !!

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    2. Prasan

      No, the said act is not cancelled. It’s confirmed that women will get equal share if her father dies after the commencement of the amendment.

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  3. Sagarika Loya

    In that case, we should also see that since son is having right in property of father, he should not have any right if his wife’s property.

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      1. Varsha jain

        When a daughter takes birth in the family it becomes the duty of father to treat the daughter equally as any other male sibling which is now recognised by law ..when that girl gets married to a person she leaves her maternal home and take care of the matrimonial family children etc..husband owe a commitment of taking care of her welfare if he marries her and ask her to leave her paternal home. Why cant males leave their paternal home and take care of the family n children sitting at home thn they will also become eligible for the maintenance from wives.

        Liked by 1 person

      2. vinayak Post author

        simple question … IF women have rights to dad’s property, and IF women are all so independent , WHY depend on the evil husband ???

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      3. Rajiv

        Right.Making Indian marriage relationship into commercial transaction is the latest trend of the Indian feminist ideology holders who knows nothing beyond demanding all sorts of excess legal privileges.

        Like

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