New Delhi: The Supreme Court has also extended the scope of rights of daughters equal to sons in father’s property. The Supreme Court has ensured this through a landmark judgment on Thursday. A bench of Justices S Abdul Nazeer and Krishna Murari passed the order. The judges said that in the pre-1956 cases of the successor to the landed property, the daughters would have the same rights as the sons. If the owner of a piece of land or property has died before the will is written, then his own inherited property will go to his children according to the principle of inheritance.
Whether it’s a son, a daughter or both. Such property will not be transferred to the deceased’s siblings or other relatives in accordance with the survivor’s role. Even if that person has never been a member of a joint family in his life.
The Supreme Court has reversed the decision of the Madras High Court. Under this, arrangements have been made to hand over the property of Murpapa Gondar, who died in 1949, to his daughter Kopai Ammal without writing a will. Commenting on the decision, Justice Krishna Murari said, “Even in our ancient books, women are considered equal successors. Whether it is Smriti, Tika or other holy books. These include all articles in which female successors such as wife and daughter are recognized. It has been mentioned many times in the decisions of the Supreme Court and other courts.
At the same time, Justice Murari made special mention of the ‘Metakshara’ vaccine and said that the statements given in it were absolutely correct. Mitaakshra, written by Saint Gyaneshwar, is of great importance in Hinduism for summarizing the values of successors.
The Hindu Succession Act (1956) came into force in India in 1956 under the Hindu Succession Act. The son and daughter are equally entitled to the father’s property. This was further amended in 2005. Under this, equal rights were ensured for the son and daughter in the property of the father living in the joint family. Then in August 2020, the Supreme Court further expanded the rights of daughters.
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