Friday, January 21, 2022

SC extends women’s right to parents’ property to before ’56 2020 Order Gave Daughters Same Rights As Sons

 SC extends women’s right to parents’ property to before ’56

2020 Order Gave Daughters Same Rights As Sons

Dhananjay.Mahapatra@timesgroup.com

21.01.2022

New Delhi: The Supreme Court on Thursday conferred daughters with equal right to father’s property even prior to codification of Hindu personal laws and enactment of the Hindu Succession Act in 1956 and said that the law of inheritance would apply to partition of properties even if the father had died intestate before 1956.

A bench of Justices S Abdul Nazeer and Krishna Murari gave the judgment and said self-acquired properties of a person, who died intestate in 1949, would devolve on his sole daughter, despite the man admittedly living in a joint family, and could not have passed on to the deceased person’sbrother on the basis of the survivorship law in force prior to 1956 and upon his death to his children. Justice Murari said, “Since the property in question was admittedly the self-acquired property of Marappa Gounder, despite the family being in state of jointness upon his death intestate, his sole surviving daughter Kupayee Ammal will inherit the same by inhe- ritance and the property shall not devolve by survivorship. ”

The SC had in August 2020 ruled that daughters will have inheritance rights equal to those of sons in the properties of fathers, grandfathers and greatgrandfathers right from the codification of the Hindu laws in1956.

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