In a significant verdict, the Supreme Court on Thursday said the daughters of a male Hindu, dying intestate, would be entitled to inherit the self-acquired and other properties obtained in the partition by the father and get preference over other collateral members of the family.
The judgement, which came on an appeal against the Madras High Court verdict, dealt with the property rights of Hindu women and widows under the Hindu Succession Act.
“If the property of a male Hindu dying intestate (without a will) is acquired by himself, or acquired in the division of common property or family property, then the same property will be transferred by inheritance rather than by survival, and such Daughter male Hindus will have priority to inherit such property over other collateral (eg son/daughter of deceased father’s brother),” Justices S Abdul Nazeer and Krishna Murari said.
The court is dealing with legal issues over the daughter’s right to inherit property the father has acquired himself without any other legal heirs.
Justice Murari, who wrote the 51-page judgment for the judge, also addressed the question of whether the property would pass to her daughter through inheritance when her father died, her father died without a will, or should Passed on to “Father’s Legacy”. Brother’s Son Survivor”.
“The right of a widow or daughter to inherit property acquired by herself or to divide her share in the common property of a dying Hindu male intestate is fully recognized not only in old customary Hindu law but also in various judicial pronouncements …” the verdict said.
Referring to the provisions of the law, it said the intent of the legislation is to correct the restriction of a Hindu woman who cannot claim an absolute interest in the property she inherits, but only a lifetime interest in the property so inherited.
“Section 14(I) converts all limited property owned by a woman into absolute property, inheritance without a will or testament will be in compliance with Section 15 of the Hindu Inheritance Act 1956…” it said.
If a Hindu woman dies without leaving any will, the property she inherits from her father or mother goes to her father’s heirs and the property from her husband or father-in-law goes to her heirs. husband, it said.
“The primary purpose of the enactment of Section 15(2) of the (Hindu Inheritance Act) by the Legislature is to ensure that the intestate and intestate inherited property of a female Hindu who dies can be traced back to the source,” it said.
Dealing with the facts of the case, the judge rejected the trial court and high court rulings dismissing the daughter’s separation suit.
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