Do daughters have equal rights in their father’s property? Supreme Court’s decision removed a big confusion

New Delhi . The Supreme Court of India has given a very important and far-reaching decision regarding the rights of daughters in their father’s property. The court has clearly said that if the father dies without a will, then the daughters will also be equally entitled to the property, even if the sons have already divided the property among themselves.

This decision of the apex court is being considered as a big relief for thousands of women, who are often deprived of their rights in family property. This decision was given by the bench of Justice Sanjay Karol and Justice AG Masih. The court said that under the Hindu Succession Act, the daughter is a ‘Class-1 heir’ and has equal rights in her father’s property as sons.

What was the whole matter?

The case was related to the family of BM Seenappa, a resident of Karnataka. Seenappa died in 1985 without a will. He was survived by his wife, three daughters and four sons. After the death of the father, the sons divided the property first orally and then through a registered document in the year 2000. It is alleged that the three daughters were not included in this partition and they were not given any share.
After this, in the year 2007, the daughters approached the court and said that the father had died without a will, hence they are also equal shareholders under Section 8 of the Hindu Succession Act.

Why did the High Court reject the claim?

The brothers argued in the court that the property had been divided in the year 2000, i.e. before December 20, 2004, hence it was protected under Section 6(5). On this basis, the Karnataka High Court had rejected the claim of the daughters.

What did the Supreme Court say?

The Supreme Court termed the High Court’s decision wrong and said that Section 6(5) only protects the old partitions from the effect of the 2005 amendment, but this does not take away the daughters’ basic right to inherit. The court clarified that the daughter’s right is not limited only to the coparcenary rights she gets by birth, but she also has an equal share in her father’s property as a Class-1 heir. The Supreme Court also said that it is necessary to decide whether Whether the old partition was valid or not and whether the same applies to the daughters is a factual dispute which will have to be examined in the trial court on the basis of evidence.

High Court order cancelled, case again sent to trial court

The top court finally quashed the earlier order of the Karnataka High Court and sent the case back to the trial court. Also directed that until the hearing is completed, no change should be made in the current status of the property. According to legal experts, this decision will further strengthen the property rights of women and will provide legal protection to the position of daughters in family property disputes.