Updated 26 February 2021 at 14:37 IST
Under Hindu Succession Act, heirs of woman's father can inherit property: SC
The SC upheld that heirs of a woman's father can inherit property under the Hindu Succession Act without being held as "strangers" in connection with a case
The Supreme Court on Thursday reiterated that heirs of a woman's father can inherit property under the Hindu Succession Act without being held as a 'stranger'. The apex court passed the judgment in a case related to the property inherited by a widow named Jagno who entered into a family settlement after the death of her husband Sher Singh, settling the property in favour of her brothers' sons. The descendants of the brother-in-law of Jagno challenged the transfer of the property. A bench comprising of Justices Ashok Bhushan and R Subhash Reddy have referred to Section 15(1)(d) of the Hindu Succession Act and said the heirs of the parental side of a Hindu woman are covered under persons entitled to a succession of the property.
"A perusal of Section 15(1)(d) indicates that heirs of the father are covered in the heirs who could succeed. When heirs of the father of a female are included as a person who can possibly succeed, it cannot be held that they are strangers and not the members of the family qua the female," the bench said.
The SC held that in the present case as well, where Jagno, who as a widow of Sher Singh who had died in 1953, had succeeded to half share in the agricultural land and she was the absolute owner when she entered into a settlement. "We, thus, do not find any merit in the submission of counsel for the appellants that the defendants-respondents were strangers to the family. In view of our discussions, we do not find any merit in this appeal," the bench said.
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The Hindu Succession (Amendment) Act
In August 2020, the Supreme Court had upheld the right of daughters on their ancestral property even if the ancestors had died before the Hindu Succession (Amendment) Act, 2005 came into force. The judgment implies that daughters will now have rights over the father’s property irrespective of whether the parent is alive or dead. A three-judge bench of the apex court headed by Justice Arun Mishra held that rights under the amendment are applicable to living daughters of coparceners as of September 9, 2005. The bench pronounced the judgment after hearing a batch of pleas that raised important legal issues on whether the Hindu Succession (Amendment) Act 2005 has a retrospective effect. The Hindu Succession (Amendment) Act 2005 gives equal rights to daughters in their ancestral property.
(With Agency Inputs)
Published By : Swagata Banerjee
Published On: 26 February 2021 at 14:37 IST