Supreme Court: Interference of brother-in-law in property division can affect the rights of the sister. Know what is the decision of the Supreme Court?
Supreme Court: Disputes regarding property in India often occur because most people are not aware of the legal provisions in this regard. Those who claim rights over property often do not know who has what rights in the law. The situation becomes clear only when the matter reaches the court. It is clear in the law that not only son and daughter, but other heirs also have rights in the property of the parents. Disputes usually occur regarding the rights of son and daughter in the property (property rights in law), but when the sister wants to give a share of the property to the brothers, then the consent of the brother-in-law also becomes necessary. Let us understand in detail what the law says in this matter.
Equal rights of son and daughter in parents’ property
According to the Hindu Succession Act, 1956, both son and daughter have been given equal rights in the property of parents. This right applies to both ownership and share of property. Like a son, a daughter is also entitled to equal rights in her parents’ property for life. Not only this, even after marriage, the children of the daughter get rights in the property of the parents. If the property is divided, then the son and daughter get the property equally.
Rights of sister in property division
It is often seen that when the property is divided, the brother and sister start living separately. In this process, traditionally the property is divided mostly among the sons and sisters usually hand over their share to the brothers with consent. However, it completely depends on the wishes of the sister. If the sister wants, she can take her share legally. There is a provision in the law that if the sister wants to give her share to the brothers by her own will, then the consent of the brother-in-law is also necessary in this process.
Why is the consent of the brother-in-law necessary?
The daughter has a share in the property of the parents and if the daughter wants to give her property to the brothers, then the consent of the husband (brother-in-law) is required. Although the brother-in-law cannot directly interfere in this property, but due to his wife’s share, he can object to it. If the brother-in-law does not agree, he can create obstacles in the division, which can complicate the matter. Therefore, it becomes necessary to take the consent of the brother-in-law so that there is no legal obstacle in the future.
Role of Will in Property Division
Property disputes often occur more when the division is done after the death of the parents. If the parents have written a will, then the property is divided accordingly. In the absence of a will, the son and daughter get equal share in the property. But if the property is self-acquired, then the parents have the right to hand over the property to whomever they want in their will. In case of a will, the property is divided according to the will without the need for a court order or legal process.
Can pressure be put on the sister?
According to the law, if the sister wants to transfer the property to the brothers on her own will, then she can do so. But if she does not want this, then the brothers cannot put any pressure on her. The sister has full right to decide about her property and if she wants, she can also take a decision after consulting her husband (brother-in-law). No action is legally valid without the consent of the sister in property division.
Compliance to legal rules is mandatory in property dispute
If there is a dispute regarding the division of property, then it is necessary to follow the legal process. To resolve any property dispute, first of all the land documents (property documents) are presented in the SDM court. Partition is not possible without the consent of all the names registered in the documents. If there is no consent, the matter can reach the High Court, where the final decision is given. Therefore, before dividing the property, it is necessary to understand all the legal provisions and obtain the consent of all the heirs.
Consent is necessary first to avoid dispute
To avoid property dispute, it is necessary that there is a consensus among all the members of the family and the property is divided accordingly. By reaching a consensus, not only legal hurdles can be avoided, but the relations in the family are also not affected. For this, it is mandatory to verify all the documents properly and follow the legal process.
To avoid disputes over property, it is necessary that all legal provisions are followed during property division. Son and daughter have been given equal rights in the property of the parents, but if the sister wants to hand over her share to the brothers, then the consent of the brother-in-law also becomes necessary. In case of a will, the property is divided according to the will, whereas in the absence of a will, the provision of equal share legally applies. To avoid property disputes, the best option is to complete the process of division with the consent of all the heirs.
Women’s rights in ancestral property: Supreme Court’s historic decision
Under the Hindu Succession Act, 1956, there is a provision to give rights to daughters in ancestral property. Earlier, under this Act, women had rights only on the ancestral property of their husband and in-laws, but now this right also applies to the father’s property.
Amendment of 2005: Equal rights to daughters
On 9 September 2005, Section 6 of the Hindu Succession Act, 1956 was amended, in which daughters were also given equal rights in the ancestral property of their father. Under the amendment, the condition was kept that if the father is alive till 9 September 2005, only then the daughter will be entitled to this property. This amendment gave equal legal rights to daughters as sons, due to which they became entitled to equal participation in ancestral property.
2020 landmark judgment: Daughter has rights from birth
Recently on 11 August 2020, the Supreme Court delivered a landmark judgment in the case of Vineeta Sharma vs Rakesh Sharma (2020) SC 641. A bench of three judges clarified that daughters get rights in coparcenary i.e. ancestral property from birth. The court also said that whether the father is alive or not on the date of amendment will not have any effect. This decision further clarified the status of the amendment made in 2005, which further strengthened the daughters regarding their rights.
Highlights of the Supreme Court’s decision
- Daughter’s right valid from birth: The Supreme Court said that the daughter gets equal rights in the father’s ancestral property from birth.
- No condition of father being alive: Removing the condition of the father being alive on the date of amendment (9 September 2005), the court said that this fact is irrelevant.
- Daughters have the right to claim from the date of amendment of 2005: The court also clarified that daughters can claim their rights from the date of amendment of 2005.
Rights of women in Muslim Personal Law too
Muslim Personal Law also gives rights to daughters and other women of the family in ancestral property. Although, daughters get less share in it than sons, but under Islamic law, daughters cannot be deprived of ancestral property.
Legal expert’s opinion
Advocate Avnish Pandey, practicing in High Court Lucknow, who is also currently an LLM student at KMCLU, Lucknow, said in a conversation with Prabhat Khabar that this decision of the Supreme Court is a big step towards securing the rights of women. He told that the claim of daughter’s right in joint property depends on some specific circumstances and legal process. This decision not only gives equal status to women, but also ensures fairness in family property disputes.
The 2020 decision of the Supreme Court has proved to be historic in terms of giving equal rights to daughters in ancestral property. Now daughters are entitled to their father’s property from birth, whether the father dies before or after the date of amendment. This decision not only strengthens the constitutional rights of women, but is also an important step towards gender equality in society.
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