Daughter’s Right on Father’s Property: When the father dies or has not made a will, daughters will have more rights than their brothers or any other family member.
the Supreme Court has conducted a new hearing regarding the participation of daughters in their father’s property. If seen, this hearing is effective in connecting us with the new era. Today we will review this decision of the Supreme Court. We will also understand its advantages and disadvantages. We will also try to understand this whole thing through other mediums. Friends, read this article till the end to understand every aspect of this decision. You will be able to understand it well.
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What did the Supreme Court say in its decision
The Supreme Court in its decision said that daughters of a Hindu male who died without a will will be entitled to receive self-acquired and other property of the father. They will be given preference over other family members. According to the bench of Justice S Abdul Nazeer and Justice Krishna Murari, “If a Hindu man has not made a will and dies, then his sons and daughters will have equal rights in both the inherited property and self-acquired property. “
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First Rule: He who does not have a brother will also get his father’s property
The Supreme Court has clearly said that if someone is a Hindu male and has not made a will. If he dies in such a situation, the daughters will have more rights in the property and inheritance acquired by the father than other members of the family. He will also be given preference over his cousins.
Why did the court impose such a rule: Now you must be wondering why the court brought this rule. Actually, the court has brought this rule in view of the concept of Coparcenary and Survivorship in Mitakshara law.
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To understand this rule, we will understand the meaning of the law of Coparcenary and Survivorship –
- Coparcenary: Coparcenary means law of partnership. Under this law, on the death of a man in a Hindu family, his wife and daughter have no right on his property. Rather, only the sons will have rights over the property of the deceased person. If that person does not have any son then the property is divided among his brothers’ sons.
- Survivorship: Survivorship means law of survival. Under this it is said that only those who extend the lineage are heirs. Meaning, the heir of a man will be a man only. Daughters go to another house after marriage. That is why only sons have rights in their father’s property. Daughters have no right in this.
Second Rule: The property of the deceased will be divided among the three generations below him
According to the second rule of this decision, it has been said that the property of the deceased will be divided among the three generations below him. This means that if the deceased has one son and two grandsons, then one-third of the property will be divided equally among the three. Meanwhile, if a grandson dies, then the property will be divided in half between the son and the surviving grandson. Thus, according to Coparcenary Law, the amount of property will increase or decrease according to births and deaths in the family.
You will be able to understand this rule better through Inheritance Law described in Mitakshara Law. This law is explained below –
Inheritance: Inheritance means the rule of inheritance. The children of the father are called heirs. These can be both sons and daughters. In the year 2005, by amending the Hindu Succession Law, the same concept was implemented that after the death of the father, sons and daughters will have equal rights in the distribution of property under the concept of Succession and not Survivorship.
Then let’s talk about the new decision…
let us come again to this new decision. The most important thing is that the decision will be implemented from back date.
The court has clarified that this decision is for all those daughters whose father died before 1956.
Let us tell you that in 1956 itself, Hindu Succession Law was made under Hindu Personal Law. Under this, a legal framework was prepared for distribution of properties among Hindu families.
Now with this new decision of the Supreme Court, the disputes related to division of property before 1956 can be revived in which daughters did not get participation.
Whether there is a will or not, if there is no son then only the daughter has the right
The court has also made this clear. The bench of Justice Krishna Murari has answered the question in its 51-page order. According to this, if the father dies without making a will, his daughter automatically inherits the property. Otherwise, under the concept of Survivorship, the property will belong to the cousin.
The court has clearly said that the property acquired by the father himself will be given to the only daughter. Because Inheritance Law applies here and not Survival Law. This will be effective even in case the father lives in a joint family and does not make a will.
Supreme Court has changed the decision of Madras High Court
This decision of SC has come through an appeal filed against the decision of Madras High Court. This appeal was related to property rights of Hindu women and widows under Hindu Succession Law.
The top court said self-acquired property of a person, who died in 1949, would be transferred to his only daughter, even if the person was living in a joint family, and to the deceased person’s brother and his children after his death. Could not be transferred on the basis of Survivorship Law 1956.
This decision applies to all religions
The court has clearly said that this law applies to every community of Hindus. Be it Vaishnav, Lingayat, Brahmo Prarthana Samaj or Arya Samaj. This also applies equally to Buddhist, Jain and Sikh communities. If anyone is saved from this law then it is the people of Muslim, Christian, Parsi or Jewish religion.
How is the current order different from the decision of August 2020: Let us tell you that the court had given an order in August 2020. According to this order, daughters will have equal rights of inheritance in the property of father, grandfather and great grandfather as sons. In the then order, the court had made this law valid from 1956. At that time Hindu Personal Law came into existence. If we talk about the current order, the court has extended its time limit even beyond 1956.
Court’s opinion regarding division of property on death of Hindu woman
SC has also given opinion on division of property on the death of a Hindu woman. The court says that a woman’s property rights cannot be limited only to her lifetime. If he has made a will, then after his death the property will be distributed on the basis of his will.
If a woman dies without making a will, the property received from her parents will go to her parents’ heirs. Whereas if she has inherited property from her mother-in-law and father-in-law, then her husband’s heirs get the property.
According to the court, “The basic purpose of Section (15)(2) of the Hindu Succession Act is that if a Hindu woman dies without making a will, then her property returns to its source (from where it was received).”
According to the bench, ‘Under the 1956 law, if a female Hindu dies without making a will, then the property inherited by her from her parents will go to the heirs of her parents i.e. the brothers and sisters of the deceased woman, while the husband. Or the property received from the father-in-law will go to the heirs of her husband.’
Meaning that if a woman dies without making a will, her property goes back to its original source.
this is how we came to know about this new order of the Supreme Court. Also tried to understand it. This law will connect us to new generations.
