Munmun Kaur
Published On: January 21, 2022 at 11:30 IST
The Supreme Court on January 20, held that daughters of a male Hindu dying intestate would be entitled to inherit self-acquired and other properties obtained by him in the partition.
The Apex Court was hearing an appeal against the decision of Madras High Court dismissing the partition suit of the daughters.
A Bench of Justices S Abdul Nazeer and Krishna Murari were dealing with the property rights of Hindu women and widows under the Hindu Succession Act. The Bench observed that if a property of a male Hindu dying intestate is self-acquired or obtained in the partition of coparcenary property, it will devolve on by inheritance and not by survivorship. The Bench further observed that in such a circumstance a daughter of such male Hindu will be entitled to inherit the property in question in preference to other collateral members in the family.
The 51-page Judgment by Justice Murari read, “Right of a widow or daughter to inherit the self-acquired property or share received in the partition of a coparcenary property of a Hindu male dying intestate is well recognized not only under the old customary Hindu Law but also by various judicial pronouncements…”
The Judgment also acknowledged the legislative intent behind the provision being that it was to remedy the limitation of a Hindu woman who could not claim an absolute interest in the properties inherited by her but only had a life interest in the estate so inherited.
The Apex Court set aside the findings of the High Court and observed that as per the facts of the case, the property in question was the self-acquired property of the father despite the family being in a state of jointness upon his death intestate. Therefore, his sole surviving daughter will inherit the same by inheritance and the property shall not devolve by survivorship.