The Supreme Court has ruled that the daughters will have the right over the property of the father, even if the coparcener died before the Hindu Succession (2005) Act came into force.
new Delhi. The Supreme Court of India has given a major verdict, saying that daughters will have rights over paternal property, even if Koparsner died before the Hindu Succession Act, 2005 came into force. Hindu women will get equal share of brother in their father’s property. In fact, in the year 2005, this law was made that both son and daughter will have equal rights in their father’s property. But it was not clear that if the father died before 2005, whether this law would apply to such a family or not. Today, a bench headed by Justice Arun Mishra ruled that this law will apply in every situation. If the father’s death has happened before the law is made, ie before 2005, then the daughter will get equal rights as the son.
Let us tell you that in 2005 Hindu Succession Act 1956 was amended. Under this, it has been said that daughters should be given equal share in the ancestral property. Being a Class 1 legal heir, the daughter has as much right over the property as the son. It has nothing to do with marriage. Property of its share can be claimed.
(1) Property can be of two types under Hindu law . Purchased by a father. The second is ancestral property. Which men have been getting for the last four generations. According to the law, both daughter and son have equal right from birth on such property.
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The law says that the father cannot give such property to anyone from his heart. That is, in this case he cannot bequeath the name of any one. This means that he cannot deprive the daughter of giving her share. From birth, the daughter has the right over the paternal property.
2) What is the law on the property purchased by the father- If the father himself has bought the property i.e. the father has bought the plot or house with his money, then the daughter’s side is weak. In this case, the father has the right to gift the property to anyone at his will. The daughter cannot object to it.
(3) What will happen if the father dies – If the father’s death is left without a will, then all the heirs will have equal rights over the property. If put simply, the Hindu Succession Act divides the male heirs into four classes.
