Supreme Court Order : The Supreme Court gave a Major Decision on the Rights of Daughters in their Father’s Property.
Supreme Court Order : The Supreme Court has delivered an important ruling regarding daughters’ rights to their father’s property. In a significant judgment, the Court stated that if a person dies intestate (without making a will) in a joint family, the daughter will have priority over the sons of his brothers in inheriting the father’s property. This rule will also apply to property partitions that took place before the enactment of the Hindu Succession Act, 1956.
The Supreme Court gave this important verdict in a property dispute from Tamil Nadu, ruling in favor of the daughter’s legal heirs. A bench comprising Justice S. Abdul Nazeer and Justice Krishna Murari, in its 51-page judgment, set aside the decision of the Madras High Court, which had granted rights over the father’s self-acquired property and his share in the partitioned property to his nephews. The father had died intestate in 1949. The Supreme Court has now clarified that in such a situation, the sole daughter has the rightful claim over the property.
Supreme Court Order : Equal Rights of Daughters in Father’s Property
The Supreme Court clearly stated that the Hindu Succession Act grants daughters equal rights with sons in their father’s property. These rights apply to both ancestral and self-acquired properties. The Court further reiterated that if a person has no son, his property should devolve upon his daughter rather than his brother’s sons.
This judgment strengthens women’s property rights, which were also recognized under earlier religious and customary laws. The Supreme Court has now extended this principle to property partitions that occurred even before 1956. This ruling may have a significant impact on several pending property dispute cases in lower courts across the country.
