Up to 4th line of Hindu descendants can claim share in ancestral wealth | Views of Anushkaa Arora in Business Standard.

Anushkaa Arora, principal & founder ABA Law Office says, "Section 8 and The Schedule of the Hindu Succession Act 1956, explains about the share in ancestral property,whereas the rights in ancestral property are determined per stripes and not per capita and share of each generation is first determined and the successive generations in turn sub divide what has been inherited by their respective predecessor." Per stirpes means that the beneficiary's inheritance will be passed on to their next-in-line heir, or heirs. Per capita means that the beneficiary's inheritance would be divided evenly amongst any surviving beneficiaries.

Whereas, after the Hindu Succession (Amendment) Act, 2005 daughters also hold an equal share as that of a son in the ancestral property. Female descendants now have the right to be coparceners in a joint family property and consequently are claimants to an ancestral property. The supreme court confers status of coparcener on daughters born before or after amendments in the same manner as a son with the same rights and liabilities.

When it comes to agricultural property things are not so great for women. Arora says, "with respect to agriculture property there is no clear assertion under law and arguments are made from both sides. Agriculture being a state subject, the implementation also differs from each state."

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