Will this decision of the Supreme Court give rights to women in father's property?


Posted on 24th Jan 2022 06:23 pm by rohit kumar

In a far-reaching judgment on January 20, the Supreme Court has held that daughters of a Hindu man who dies without making a will be entitled to inherit the father's self-acquired (own earnings) and other partitioned properties and be given to the family. will have precedence over other members of the

 

This means that the daughters of a Hindu man who dies without a will can claim their share in their father's self-acquired or other properties. They will be given preference over the brothers of the late father or the sons or daughters of such brothers.

 

Justice S. Abdul Nazeer and Justice Krishna Murari heard the case and delivered a 51-page judgment that recounts ancient Hindu succession laws and past judgments of various courts.

 

The Bench observed, "The right of a widow or daughter to a Hindu man's self-acquired property or a share in the division of the family's property has been well confirmed not only under the old traditional Hindu law but also in various court decisions. Is."

 

There are three important points in this decision.

 

1. Daughters of a Hindu male who died without making a will, shall be entitled to inherit the other property self-acquired and partitioned by the father and shall have precedence over the other shared members of the family.

 

2. Inheritance of property before 1956 will also include the right of the daughter

 

3. If a Hindu woman dies without leaving any child, the property inherited from her father or mother will go to her father's heirs while the property inherited from her husband or father-in-law will go to the husband's heirs.

 

Hindu Succession Law

 

Before we look at these points in more depth, it is important to remember that the Hindu Succession Act was enacted in 1956. This law was used to settle the claims of inheritance and property of Hindus.

 

According to the Hindu Succession (Amendment) Act, 2005, daughters have equal rights to their father's self-acquired property as sons, and if the father dies without making a will, the daughter's marital status has no bearing on her property rights. Will have.

 

In August 2020, the Supreme Court ruled in a case that since the time the Hindu Code was enacted in 1956, daughters have the same inheritance rights as sons in the property of their father, grandfather, and great-grandfather.

 

Now, this decision gives women the right to inherit the father's self-acquired or other property even earlier. This means that the legal heirs of such women can now file a civil suit to regain their right to the property.

 

entitled to share in the property

 

Lawyer Jyotsna Dasalkar is 60 years old and has helped many women in property, divorce, and inheritance cases.

 

There came a time in his life when he and his brother had stopped talking because they had demanded that he and his sisters were also entitled to a share in their father's property.

 

"If this decision had come in 1985, things would have been very different for me this time," she says.

 

"I never thought of dragging my brother to court. I was of no help then. The Supreme Court recognized a woman's right to own property in 2005, but there was a stumbling block. Only those who married after 1994 Only women could have made such a claim. I was married in 1980. Had this decision come then, I might have taken legal action.

 

claim of right

 

Now these old things have no meaning and she can still file a civil suit against her brother, but she does not wish to do so.

 

"For a decade, we have only ritual conversations. Now if you even jokingly mention this decision to your lawyer brother, then he will block my number." She laughs while saying this.

 

Jyotsna Dasalkar, a resident of Kolhapur, says, “Now I do not want a share in the property. Yes, there have been times in my life when I faced huge financial trouble, but now that time has passed. However, I am sure The only advice I would especially advise young women, those who are widowed, divorced, or single, is to claim their rights and also know that the law can help them now. It's good to know that after all, I have a right. Whether I use it or not, it doesn't matter."

 

important decision

 

Experts believe that though this is a good step towards women's empowerment, the reality can be painful.

 

"It rarely matters what a woman wants," says Pune-based advocate Rama Sarode. First, she was completely denied her rights, then her brother gave her the right to her father's property. She was emotionally blackmailed and can now be pressured by her husband to file a suit to regain the same property. Men are the decision-makers in every situation."

 

But still, she believes that this decision is important. People who have equal denominators in inheritance are called coparceners.

 

"Women who were married before 1994 were not previously considered coparceners. But this judgment has now recognized their rights. This means that women can regain their rights before 1956 as well. And the court has also abolished the condition of 1994.

 

Advocate Rama Sarode is of the view that the Supreme Court has simplified the definition and has also helped those women who do not have correct records of marriage.

 

How will this affect mutual relationships?

The new decision of the Supreme Court means that the heirs of such women can get back their rights by filing a civil suit.

 

Rama says, “The decision should be taken by the woman. Now the question is, does the woman have the right to take such a decision? I have seen women who have been forced to claim property because they have been taken by their husband or in-laws.” was forced by the people and at the same time, the woman's relationship with her brother also ended."

 

Ultimately it depends on how conscious we are as a society and how many rights women have. She says the court has created a way for women to claim their rights.

 

Experts also believe that this is a good decision and will have a far-reaching impact on our society.

 

Faizan Mustafa is a well-known intellectual and legal expert. He is the Vice-Chancellor of NALSAR University of Law Hyderabad.

 

"It is a very rational decision of the Supreme Court," he says.

 

"It also talks about childless Hindu women who have inherited property from their father. If such a woman dies without making a will, the property will go back to the source, that is, the family from where the property came." Was."

 

It is a process, he says, "the first decision came in 2005 when women were given equal rights in the father's property. But there were issues with the date of birth, such as the date of birth so that they could You can claim your rights. It was resolved last year and now this decision has come. I don't think there will be any difficulty, it is a very good decision."

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