Saturday, December 10, 2011

Your Daughters Birth Right

Gone are the days when daughters were dependent on mercy their male relatives for their share in the ancestral property. I am referring the finding of Supreme Court in case of Gaduri Amma & other Vs Chakri Yanadi & others Civil Appeal 8538 / 2011 dated : 12th October 2011.



The finding of the case law as under which any body can understand by simple understanding to law : -



1) Inheritance under Hindu Law is governed by Mitakshara Law through Hindu Succession Act, 1956 which is substituted by Hindu Succession (Amendment) Act, 2005 w.ef. 9th September 2004.



2) After this amendment the Hindu daughter has equal right in the ancestral property as good as a Son can have. Rather, it is true that in eyes of Law daughter and Son have exactly equal rights and share in property.



3) The marital status of daughter does not have any effect to her rights in ancestral property. (Married or unmarried or divorcee or deserted daughters have equal rights ..marital status does not have any impact in this regard.)



4) If a daughter dies before partition of ancestral property, then her children will have equal rights in property which the deceased daughter can enjoy as if she would be living.



5) Remember, the Mitakshara Law after amendment of 2005 (as above) will not effect in following conditions which means the daughters will not have rights under following conditions :



- Partition took place by registered partition deed before 20th December 2004.

- Court has passed the final decree on property division before 20th December 2004.



6) If a preliminary decree is passed in a partition case but final decree is not passed then the preliminary decree can be amended and a second preliminary decree can be prepared in light of amendment 2005. There is no confusion in this regard now and question of amending the preliminary decree is settled by this Judgment.



7) This judgment or amendment in Hindu law will no way give any right to sue the sons/father/ grand father for division made prior to passing of this Act because this amendment is not having retrospective effect.



It is very useful law for common public and people should be made aware specially daughters who should know their rights protected by Hindu Law.

From the Desk of Daniel & Boaz
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