New Delhi: In a major verdict, the Supreme Court docket on Thursday mentioned the daughters of a male Hindu, dying intestate, can be entitled to inherit the self-acquired and different properties obtained within the partition by the daddy and get desire over different collateral family members.
The judgement, which got here on an attraction towards the Madras Excessive Court docket verdict, handled the property rights of Hindu girls and widows below the Hindu Succession Act.
If a property of a male Hindu dying intestate (with out a will) is a self-acquired property or obtained within the partition of a coparcenary or a household property, the identical would devolve by inheritance and never by survivorship, and a daughter of such a male Hindu can be entitled to inherit such property rather than different collaterals (akin to sons/daughters of brothers of deceased father), a bench of justices S Abdul Nazeer and Krishna Murari mentioned.
The bench was coping with the authorized situation regarding the appropriate of the daughter to inherit the self-acquired property of her father, within the absence of another authorized inheritor.
Justice Murari, writing the 51-page judgment for the bench, additionally handled the query of whether or not such property will devolve on to the daughter upon the dying of her father, who died with out a will, by inheritance or shall devolve on to father’s brother’s son by survivorship.
Proper of a widow or daughter to inherit the self-acquired property or share acquired within the partition of a coparcenary property of a Hindu male dying intestate is effectively acknowledged not solely below the outdated customary Hindu Legislation but additionally by varied judicial pronouncements…, the decision mentioned.
Referring to the authorized provision, it mentioned the legislative intent was to treatment the limitation of a Hindu lady who couldn’t declare an absolute curiosity within the properties inherited by her however solely had a life curiosity within the property so inherited.
Part 14 (I) transformed all restricted estates owned by girls into absolute estates and the succession of those properties within the absence of a will or testomony would happen in consonance with Part 15 of the Hindu Succession Act, 1956…, it mentioned.
If a feminine Hindu dies intestate with out leaving any situation, then the property inherited by her from her father or mom would go to the heirs of her father whereas the property inherited from her husband or father-in-law would go to the heirs of the husband, it mentioned.
The fundamental goal of the legislature in enacting Part 15(2) (of the Hindu Succession Act) is to make sure that inherited property of a feminine Hindu dying issueless and intestate, goes again to the supply, it mentioned.
Coping with the info of the case, the bench put aside the trial court docket and the excessive court docket’s findings dismissing the partition swimsuit of the daughters.
The apex court docket mentioned, …for the reason that property in query was admittedly the self-acquired property of a father regardless of the household being in a state of jointness upon his dying intestate, his sole surviving daughter will inherit the identical by inheritance and the property shall not devolve by survivorship.
Thus, the impugned judgement and decree dated March 01, 1994, handed by the Trial Court docket and confirmed by the Excessive Court docket vide judgment and order dated January 21, 2009, usually are not liable to be sustained and are hereby put aside, it mentioned.