If the father died before 1956, will the daughter get her share? Know what the law says:

Daughter’s right in father’s property: In our country, disputes between brothers and sisters regarding distribution of land, property and property are a common thing. Especially when it comes to the rights of daughters, the matter becomes even more complicated.

Recently, Chhattisgarh High Court has given a decision which everyone should know. The court has made it clear that if a Hindu father dies Before 9 September 1956 If it was done, then his daughter cannot claim her rights on that property. This may sound a bit strange in today’s times, but in the eyes of the law the situation is absolutely clear. Come, let us understand this entire matter in simple language.

What is the decision of Chhattisgarh High Court?

In simple words, the Court has said that the new law in 1956 (Hindu Succession Act 1956) is made, it comes into force from that date. If someone’s father died before that law came into force, the property would be divided according to the old law (Mitakshara law) will be according to.

And the old law used to say that only sons had the right on father’s ancestral property, not daughters.

What was the whole matter?

This case is from Surguja district of Chhattisgarh. A woman (Ragmania) filed a court case in 2005 and sought a share in her father’s property. But his father had died in 1950-51 itself, that is, about 5-6 years before the new law came into force. The lower courts dismissed his case and now the High Court has also given the same decision.

Why did the court give such a decision?

The court says that the 1956 law is not ‘retrospective’, that is, it cannot be applied from a later date. The property will be divided according to the law that was in place at the time the father died. And according to the law of that time, the property passed only to the son.

So did daughters have no rights? (an important thing)

There was a special thing in the old law. If any father had no sonthere were only daughters, so in such a situation only daughters got the first right on the property. The Supreme Court has also made this clear. But if a son is present in the house, then in cases before 1956, the property will go to him.

What are the rights of daughters in today’s time?

It is important to note that after 1956 and especially after the amendments in 2005, the law has completely changed. In today’s time, the daughter has the same right on her father’s property as the son.

But this decision reminds us that the law is not always the same and today’s rules do not apply to old cases. If there is any such old property dispute going on in your family, then the best way is to consult a good lawyer.