Lawstreet Journal

Daughters To Inherit Self Acquired Properties of their Father Dying Without A Will: SC [Read Judgment]

Lawstreet Journal 24 Jan 2022 9:14pm

Image courtesy: Lawstreet Journal Judiciary Daughters To Inherit Self Acquired Properties of their Father Dying Without A Will: SC [Read Judgment]

The Supreme Court in the case Arunachala Gounder (D) by LRS. Vs. Ponnusamy and Ors. has observed that a daughter is capable of inheriting the self-acquired property or share received in the partition of a coparcenary property of her Hindu father dying intestate.

In this case, the property in question was admittedly the self-acquired property of Marappa Gounder. The question raised by the appellant was whether Late Gounder's sole surviving daughter Kupayee Ammal, will inherit the same by inheritance and the property shall not devolve by survivorship? 

The Court was considering the question of whether a sole daughter could inherit her father's separate property dying intestate (prior to the enactment of Hindu Succession Act, 1956).

To answer this issue, the Apex Court bench referred to customary Hindu Law and also judicial pronouncements, observed that the right of a widow or daughter to inherit the self-acquired property or share received in the partition of a coparcenary property of a Hindu male dying intestate is well recognized not only under the old customary Hindu Law but also various judicial pronouncements.

"Right of a widow or daughter to inherit the self-acquired property or share received in partition of a coparcenary property of a Hindu male dying intestate is well recognized not only under the old customary Hindu Law but also by various judicial pronouncements".

The Court noted the following:

  1. The Mitakshara law also recognises inheritance by succession but only to the property separately owned by an individual, male or female. Females are included as heirs to this kind of property… Continue Reading...

    Tagged: Custody Of Daughter   Supreme Court of India  
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