Supreme Court’s big decision, daughters will have this much right in ancestral property
A major decision of the Supreme Court regarding ancestral property has come to the fore. Under which it has been told that daughters will have so much right in the ancestral property. Let us know in detail about this decision in the news below.
The Supreme Court has given a big decision in favor of women. The court has said that the daughter has equal rights to the son in the father’s ancestral property, not even a little less. He said that the daughter becomes equally entitled in the father’s property as soon as she is born. A three-judge bench of the country’s apex court today made it clear that even if the father had died before the Hindu Succession (Amendment) Act, 2005 came into force, daughters would still have rights over parental property.
If the daughter dies then her children are entitled
The Supreme Court emphasized that the daughter has no less right than her brother in the ancestral property of the father. He said that even if the daughter dies before September 9, 2005, her right in the father’s ancestral property remains. This means that if the daughter’s children want to claim a share in the ancestral property of their mother’s father (maternal grandfather), they will get a share in the paternal property of the paternal grandfather as their mother’s right.
What did the Supreme Court say?
The Hindu Succession (Amendment) Act, 2005 has come into force in the country from September 9, 2005. This means that even if the father had died before September 9, 2005, the daughters would have the right over the ancestral property. A three-judge bench headed by Justice Arun Mishri gave this important decision. Justice Mishra, while reading the judgement, said, ‘Daughters have to be given equal rights as sons because the daughter stays close to the heart all her life. The daughter will remain co-heir for life, whether the father is alive or not.
What was the rule earlier?
The Hindu Succession Act, 1956 was amended in the year 2005 to give daughters the legal right to get an equal share in the ancestral property. Under this, a daughter can claim her share in her father’s property only if the father was alive as on September 9, 2005. If the father has died before this date, the daughter will not have any right on the ancestral property.
Now the Supreme Court has changed it and said that it has nothing to do with the death of the father. Even if the father was not alive as on September 9, 2005, the daughter would have a right in his ancestral property. That is, despite the death of the father before September 9, 2005, the daughter’s right to be a coparecenor will not be taken away.
HUF family and coparcenary
Co-parceners or co-heirs are those who have rights over the undivided properties of the four generations before them. Prior to 2005, under the Hindu Succession Act, daughters were only considered members of the Hindu Undivided Family (HUF) and not co-parceners.
However, once the daughter is married, she is also not considered a part of the Hindu Undivided Family (HUF). After the amendment of 2005, the daughter has been considered as co-parcener. Now the daughter’s marriage does not change her right on the father’s property. That is, even after marriage, the daughter has the right over the father’s property.
Major things of 2005 amendment
Under this, women were given equal rights to sons in ancestral property and all discrimination was abolished. The daughter was made a partner in the ancestral property by birth. Daughters and sons were made equal by birth with the father and in the ancestral property. Under this, the daughters were also given the right that they can get the agricultural land divided.
At the same time, in case of break of the marriage, she can go to the father’s house and get equal status as the son, that is, she will have the same rights in the father’s house as the son has. Both son and daughter were given equal status from birth.
It doesn’t matter when the daughter was born
The Hindu Succession (Amendment) Act, 2005 states that no matter whether the daughter is born before September 9, 2005 or later, her share in the father’s property will be equal to that of the brother. That property may be ancestral or acquired from the father’s own earnings. Property in Hindu law is divided into two categories – ancestral and self-acquired. Ancestral property includes such acquired properties of men up to four generations ago, which have never been divided.
The children, whether son or daughter, have the birthright over such properties. Before 2005, only sons had rights over such properties, but after the amendment, the father cannot divide such properties arbitrarily. That is, he cannot deny the share to the daughter. Law As soon as a daughter is born, she gets the right over the ancestral property.
Father’s self-acquired property
Daughter’s side is weak in case of self-acquired property. If the father has bought land, built or bought a house with his own money, then he can give this property to whomever he wants. It is the legal right of the father to give self-acquired property to anyone of his own free will. That is, if the father refuses to give the daughter a share in his own property, then the daughter cannot do anything.
If the father dies without having written a will
If the father dies before writing the will, all the legal heirs will have equal rights over his property. The Hindu Succession Law classifies male heirs into four categories and the heirs of the first category have the first right on the father’s property. These include widows, daughters and sons as well as others. Each heir has an equal right on the property. This means that as a daughter you have full right on your father’s property.
If the daughter is married
Prior to 2005, under the Hindu Succession Act, daughters were only considered members of the Hindu Undivided Family (HUF) and not co-parceners. Co-parceners or co-heirs are those who have rights over the undivided properties of the four generations before them.
However, once the daughter is married, she is also not considered a part of the Hindu Undivided Family (HUF). After the amendment of 2005, the daughter has been considered as co-parcener. Now the daughter’s marriage does not change her right on the father’s property. That is, even after marriage, the daughter has the right over the father’s property.
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