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Daughters to inherit father’s self-acquired property if no will: SC

21/01/2022 at 3:10 PM

SC

New Delhi: The Supreme Court on Thursday ruled a significant verdict on the property rights of Hindu women and widows under the Hindu Succession Act.

The apex court said the daughters of a male Hindu, dying intestate, would be entitled to inherit the self acquired and other properties obtained in the partition by the father and get preference over other collateral members of the family.

The judgement came on an appeal against the Madras High Court verdict.

“If a property of a male Hindu dying intestate (without a will) is a self-acquired property or obtained in the partition of a coparcenary or a family property, the same would devalve by inheritance and not by survivorship, and a daughter of such a male Hindu would be entitled to inherit such property in preference to other collaterals (such as sons/daughters of brothers of deceased father),” a bench of justices S Abdul Nazeer and Krishna Murari-said.

The bench was dealing with the legal issue conceming the right of the daughter to inherit the self-acquired property of her father, in the absence of any other legal heir.

Referring to the legal provision, it said the legislative intent 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.

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