Delhi High Court: The High Court has given an important decision regarding the daughter’s rights in her father’s property. The court has made it clear in its decision how much share the daughter has in her father’s property. The High Court has given this important decision in the property dispute between brother and sister.
Delhi High Court has given an unprecedented decision. The court has said in the decision that in the house where there is an elder daughter, she will be the ‘doer’ of the house. The court said- ‘In the absence of the head, the eldest person in the house will be the leader of the house. Even if she is a daughter. The High Court has used the word ‘Karta’ i.e. head in its decision.
Daughter has equal rights
Justice Nazmi Waziri has given the verdict for social change. According to the report, the court said, ‘If a man born first can handle the duties of a head, then a woman can also do the same. There is no law to stop a woman from a Hindu joint family from doing this.
Decision that attacks male power
The court accepted that men are responsible for huge tasks while being in the role of head. Not only this, they also start implementing their decisions on complex and important issues ranging from property, customs and beliefs to family matters. In this sense, this decision hurts the patriarchal society and is going to break it.
Elder daughter had filed a case against cousin
The High Court gave this decision on a case filed by the elder daughter of a Delhi business family. After the death of her father and three uncles, the daughter had filed a case claiming that she was the elder daughter of the family. For this reason he should be the head. In the petition, he had challenged the claim of his elder cousin, who had declared himself the head of the house.
Why is this decision important?
In 2005, Section 6 was added by amending the Hindu Succession Act. Through this, women were given equal rights in ancestral property but now they got the right to take decisions at home.
After the decision, now the elder daughter will not only have the rights related to ancestral property and property in her hands, but she will also be able to express her views on all family issues with legal rights.
The decision is a symbol and example of social change. It tells that a daughter who can support her father can also play the role of a father and is no less than a son.
Since ancient times, it has been a tradition that the man has been the head of the house. Even if he is the youngest in the house. This decision of the High Court is going to break this tradition.
‘Woman is an example of self-reliance’
While giving the court verdict, Justice Waziri said that according to the law, everyone has equal rights. Then I don’t know why women have not been considered capable of becoming ‘doers’ till now? Whereas today’s women are moving forward step by step in every field and are an example of self-reliance. There is no reason why women should be prevented from becoming the head of the household. The old law of 1956 has been changed only in 2005. Now when the law gives equal rights, the courts should also be cautious in giving their verdict in such cases.
In this situation the daughter will not get a share
In case of father’s self-acquired property, the daughter’s side is weak. If the father has purchased property, constructed or bought a house with his own money, then he can give this property to whomever he wants. It is the legal right of the father to give the self acquired property to anyone as per his wish. Meaning, if the father refuses to give his share in his property to the daughter, then the daughter cannot claim the share.
Married daughter’s right in father’s property
Before 2005, under Hindu Succession Law, daughters were considered only members of the Hindu Undivided Family (HUF) and not co-heirs, i.e. equal heirs in the property. Co-heirs or co-heirs are those who have rights over the undivided properties of the four generations before them.
However, once the daughter gets married, she is also not considered a part of the Hindu Undivided Family (HUF). After the amendment of 2005, the daughter has been considered as co-heir i.e. equal heir in the property. Now the daughter’s marriage does not change her rights over her father’s property. That is, even after marriage, the daughter has the right on her father’s property and can take her share.
