Thursday, January 20, 2022

Daughter is entitled to Self-acquired property of Hindu male deceased before Hindu Succession Act devolves by inheritance -SC

“If a property of a male Hindu dying intestate is a self-acquired property or obtained in partition of a co-parcenery 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."

The Court framed the following questions for consideration:

1) What is the nature of the property and what would be the course of succession if it is a separate property as opposed to the undivided property?

2) Whether a sole daughter could inherit her father’s separate property dying intestate?

3) If the answer to 2 is 'yes', what would be the order of succession after the death of such a daughter?

"One school is of the view that such a daughter inherits a limited estate like a widow, and after her death would revert back to the heirs of the deceased male who would be entitled to inherit by survivorship. While other school of thought holds the opposite view," the Court noted.

"The main scheme of this Act is to establish complete equality between male and female with regard to property rights and the rights of the female were declared absolute, completely abolishing all notions of a limited estate. The Act brought about changes in the law of succession among Hindus and gave rights which were till then unknown in relation to women’s property," the Court noted.

In the present case, the since the succession of the suit properties opened in 1967 upon death of Kupayee Ammal, the 1956 Act shall apply and thereby Ramasamy Gounder’s daughters being Class-I heirs of their father too shall be heirs and entitled to 1/5th share each in the suit properties, the Court ruled.

No comments:

Post a Comment