Which one of the following options is / are not true?

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  1. The Hindu Succession Act, 1956 provides daughters the right to ask for sustenance from a joint Hindu family 
  2. The Hindu Succession Amendment Act, 2005 gave daughters the right to inheritance with her male siblings 
  3. The Supreme Court in 2010 ruled that daughters whose fathers died before September 9, 2005 however won't be applicable for the Amendment
  4. None of these

Answer (Detailed Solution Below)

Option 3 : The Supreme Court in 2010 ruled that daughters whose fathers died before September 9, 2005 however won't be applicable for the Amendment
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The correct answer is the Supreme Court in 2010 ruled that daughters whose fathers died before September 9, 2005, however, won't be applicable for the Amendment

Key Points

  • The Hindu Succession Act, 1956:
    • This Act originally governed the succession and inheritance laws for Hindus, providing a legal framework for property distribution among family members.
    • However, it did not give daughters equal rights to inherit ancestral property as it did to sons.
  • The Hindu Succession Amendment Act, 2005:
    • This amendment was a significant step toward gender equality in inheritance rights.
    • It granted daughters the same rights as sons to inherit ancestral property, making them coparceners in a joint Hindu family.
    • However, the amendment's applicability was subject to certain conditions, including the date of the father's death.
  • Supreme Court Ruling in 2010:
    • In 2010, the Supreme Court ruled that the amendment would not apply to cases where the father had passed away before September 9, 2005.
    • This ruling effectively meant that daughters whose fathers died before this date were not entitled to claim a share in the ancestral property.

Additional Information

  • The Hindu Succession Act, 1956 and Daughters' Rights:
    • The original act did not explicitly provide daughters with the right to ask for sustenance from a joint Hindu family.
    • It primarily focused on the male lineage for inheritance and succession purposes.
  • Implementation of the 2005 Amendment:
    • The 2005 amendment was a landmark change aimed at removing gender discrimination in Hindu succession laws.
    • Despite the amendment, various legal challenges and interpretations have impacted its implementation, leading to several court cases and rulings.
  • Current Legal Scenario:
    • As of recent rulings, the Supreme Court has further clarified that daughters have equal rights to inherit ancestral property, regardless of whether the father was alive or not at the time of the 2005 amendment.
    • This has reinforced the amendment's goal of ensuring gender equality in inheritance laws.
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