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Women born before Enactment of Hindu Succession Act will have Right to Ancestral Property, says Supreme Court

Team SoOLEGAL 5 Feb 2018 10:00am

Women born before Enactment of Hindu Succession Act will have Right to Ancestral Property, says Supreme Court

During the hearing on the partition suit, the SC bench held that daughters will have equal rights in the ancestral property as the son.

The ruling was rendered in a case filed by two sisters challenging a judgment of the Karnataka HC, which excluded them from the partition.

The appellants are two daughters of one, Gurulingappa Savadi, propositus of a Hindu Joint Family. Other than two daughters, Savadi had two sons, Arunkumar and Vijay. After Savad’s death, his grandson filed a suit for partition of property saying that the appellants were not the coparceners, as they were born 1956 (Act).

It was also pleaded that the daughters were married and had received gold and money at the time of their marriage. Thus, they relinquished their share in the property.

The trial court, while decreeing the partition suit held that the appellants were not entitled to any share as they were born prior to the enactment of the Hindu Succession Act. Hence, they could not be considered as coparceners.

However, the Supreme Court agreeing with the appellants’ plea set aside the judgment of the Karnataka High Court.

"...This amendment now confers upon the daughter of the coparcener as well the status of coparcener in her own right in the same manner as the son and gives same rights and liabilities in the coparcener properties...," the bench said.

Read the full judgment here

Tagged: Supreme Court   Karnataka High Court   Hindu Succession Act   1956   The Hindu Succession (Amendment) Act   2005  
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