A 3-judge bench headed by Justice Arun Mishra dominated Hindu girl has the precise to be an inheritor to the ancestral property. The decision states that the precise is by birth and doesn’t rely upon whether or not the daddy was alive when the legislation was enacted in 2005. The Hindu succession act 1956 only recognized males as legal heirs.
According to legal experts, it settles the ambiguity surrounding the nature and extent of a daughter’s rights in Hindu undivided family property. Experts also call it a progressive step towards equal rights as the apex court has settled that as long as the daughter is alive post-2005 she has an equal right as a son in the co-personal property.
Therefore it is irrelevant that her father was alive or not on the cut-off date of September 9th, 2005. Sonam Chandwani managing partner at KS legal and associates has said that the verdict settled a disputed question of law. She said this clarification was vital in setting aside the grip on previous decisions accorded co-personally rights to daughters only if both father and daughter were alive as on September 9th, 2005 when the amendment was notified.
Calling the judgment a welcome move Rahul Aurora partner Trilegal said the ruling aids the society at large is moving towards a most sensible conclusion and breaks free from the deadlock of the dated patriarchal system. The ruling is important for various reasons one it sets to rest where the partitions which were undertaken before the 2005 amendment can be reopened by the daughter.
If a partition has taken place before 2005 it cannot be reopened if the legal process has been followed. The judgment also states that in this context an oral partition is not a statutorily recognized mode of partition and the same can be accepted only in exceptional cases or if it is backed by public documents or affected by a decree of a court. This ensures that daughters’ consent or rights are not taken.
Some states had made the amendment before the Supreme Court order Kerala had abolished the Hindu joint family system in 1975. One concern that remains to be open and is a matter of authorized debate is whether or not the lineal descendants of a daughter partake the identical rights because of the lineal descendants of a son. Points out Vigil Ajinkya of Khaitan and company.
The Supreme Court order eliminates all challenges except for assets divided on or before the cut-off date of December 20th, 2004. The law applies to ancestral property and succession in the personal property where succession is as per law and there is no will. The apex code has also directed high courts to dispose of cases on these lines within 6 months.