DAUGHTERS GET PREFERENCE ON FATHER'S PROPERTY IN ABSENCE OF A WILL.
The Supreme Court ruled on Thursday in a historic ruling that daughters of Hindu dads are allowed to inherit their father's self-acquired and other possessions if the father dies without filing a will. The decision, which came as a result of an appeal against the Madras High Court decision, addressed the property rights of Hindu women and widows under the Hindu Succession Act.
In its decision, the Supreme Court stated that such daughters would be given precedence over other collateral members of the family, such as sons and daughters of the dead father's siblings. The court was debating the legality of the daughter inheriting her father's self-acquired property in the absence of any other lawful successor.
“If a property of a male Hindu dying intestate (without a will) is a self-acquired property or obtained in the partition of a coparcenary or a family property, the same would devolve by inheritance and not by survivorship, and a daughter of such a male Hindu would be entitled to inherit such property in preference to other collaterals (such as sons/daughters of brothers of deceased father),” said in a 51-page decision, a panel of judges led by S Abdul Nazeer and Krishna Murari
"The right of a widow or daughter to inherit self-acquired property or a share obtained in the division of a coparcenary property of a Hindu man dying intestate is fully recognised not only under old customary Hindu Law but also by different judicial pronouncements...," the court stated.
The court further stated that if a female Hindu dies intestate, the property inherited from her parents would belong to her father's descendants, whereas property inherited from her husband or father-in-law would go to the husband's heirs.
The Supreme Court also addressed whether such property would pass to the daughter upon her father's death or to the father's brother's son by survivorship in the absence of any other lawful successor. The decision came in response to an appeal from the Madras High Court, which had dismissed the daughters' partition claim.
The court stated that if a female Hindu dies without making a will, the property she acquired from her father or mother would belong to her father's heirs. The property she inherited from her husband or father-in-law, on the other hand, would pass to the husband's heirs.
In dealing with the circumstances of the case, the bench overturned the trial court and high court's rulings rejecting the daughters' partition claim.
The decision came in response to an appeal from the Madras High Court, which had dismissed the daughters' partition claim.
"...because the property in question was admittedly the self-acquired property of a father despite the family being in a state of jointness upon his death intestate, his sole surviving daughter will inherit the same by inheritance and the property shall not devolve by survivorship," the Supreme Court stated.
In dealing with the circumstances of the case, the bench overturned the trial court and high court's rulings rejecting the daughters' partition claim.
"...because the property in question was admittedly the self-acquired property of a father despite the family being in a state of jointness upon his death intestate, his sole surviving daughter will inherit the same by inheritance and the property shall not devolve by survivorship," the apex court stated.
"As a result, the impugned judgement and decree dated March 1, 1994, passed by the Trial Court and confirmed by the High Court vide judgement and order dated January 21, 2009, are not liable to be sustained and are hereby set aside," it stated.
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