Highlights

  • SC: daughters can claim father's property by inheritance over survivorship
  • The verdict applies in the absence of will or any other legal heir
  • SC bench also mentioned devolution of a female Hindu's property after death

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Daughters to inherit father's property in the absence of will: SC

The verdict also mentioned Section 15(2) of the Hindu Succession Act which states that inherited property of a female Hindu dying issueless and intestate, goes back to the source

While hearing a case concerning the right of the daughter to inherit the self-acquired property of her father, in the absence of any other legal heir, the Supreme Court on Thursday said the daughters of a male Hindu, dying intestate, would be entitled to inherit their father's property.

Here are some key takeaways from the significant verdict which set aside a trial court and Madras High Court's findings dismissing the partition suit of the daughters:

The self-acquired as well as obtained property in the partition of a coparcenary or a family property by a male Hindu dying intestate without a will would be devolved by inheritance and not by survivorship, a bench of justices S Abdul Nazeer and Krishna Murari noted.

Therefore, preference in such cases would be given to the daughters over other collaterals or relatives.

Also watch: Supreme Court asks Centre to form a model scheme to fight hunger

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 bench observed.

The verdict also mentioned Section 15(2) of the Hindu Succession Act which states that inherited property of a female Hindu dying issueless and intestate, goes back to the source.

Hence, if a female Hindu dies intestate without leaving any issue, then the property inherited by her from her father or mother would go to the heirs of her father whereas the property inherited from her husband or father-in-law would go to the heirs of the husband, the verdict said.

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