Daughters To Inherit Fathers’ Self-Acquired, Inherited Properties: Supreme Court

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The Supreme Court has set aside the outcome of the trial court and the High Court

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In a landmark judgment, the Supreme Court on Thursday ruled that a male Hindu girl would inherit the property of a deceased pregnant woman, self-acquired and other property inherited by the father, and would be given priority over other security members of the family. .

The judgment appealed against the judgment of the Madras High Court dealt with the property rights of Hindu women and widows under the Hindu Inheritance Act.

“If the property of a male Hindu deceased is a self-acquired property (without will) or acquired by division of an innate property or family property, it will be transferred by inheritance and not by survival, and such a daughter. A male Hindu Other guarantees (such as sons / daughters of deceased father’s brothers) will be entitled to inherit such property in priority, “said a bench of Justices S Abdul Nazir and Krishna Murari.

The bench was dealing with legal issues related to the daughter’s right to inherit her father’s self-acquired property in the absence of any other legal heirs.

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Justice Murari, writing the 51-page judgment for the bench, also took up the question of whether the property would be transferred to the daughter after the death of her father, who died without a will, or to “bequeath to the father? The son of the surviving brother.”

“The right of a widow or daughter to inherit self-acquired property or the right to inherit the inherited property of a Hindu male deceased is recognized not only under the old customary Hindu law, but also by various judicial declarations …” the verdict said.

Referring to the legal provisions, it said that the purpose of enacting the law was to remedy the limitations of a Hindu woman who could not claim absolute interest in her inherited property but only had an interest in life in inherited property.

“Section 14 (I) converts all limited property owned by women into absolute property and in the absence of a will, the inheritance of these properties would be consistent with Section 15 of the Hindu Inheritance Act, 1956 …” it said.

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If a Hindu woman dies in pregnancy without any problem, the property inherited from her father or mother will go to her father’s heirs whereas the property inherited from her husband or father-in-law will go to the heirs. Husband, it said.

“The main objective of the legislature in enacting Section 15 (2) of the Hindu Inheritance Act (Hindu Inheritance Act) is to ensure that the property inherited from a Hindu woman dies without issue and goes back to the source,” it said.

Dealing with the veracity of the case, the bench set aside the results of the High Court by dismissing the trial court and the division of daughters case.

The apex court said, “… since the property in question was a father’s self-acquired property although the family was in a joint state in the wake of his death, his only surviving daughter would inherit it and the property would not be transferred by surviving.

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“Thus, the unpleasant judgment and decree dated March 01, 1994, passed by the trial court and confirmed by the High Court by the judgment and order dated January 21, 2009, is not liable for survival and has thus been suspended,” it said. .

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