New Delhi: The Supreme Court on Thursday looked forward to a daughter with a father’s property even before the Codification of Hindu personal law and the enactment of Hindu succession actions in 1956 and said that inheritance law would apply to property partitions even if the Father had died before 1956.
Judge Bers Abdul Nazeer and Krishna Murari gave judgment and said the qualities obtained themselves from someone, who died in 1949, would surrender to his daughter who lived in one joint.
Families, and cannot be forwarded to the brother of the person who died on the basis of survivor law in effect before 1956 and for his deaths to his children.
Writing Judgment, Murari Judge said, “Because the property was recognized by the property acquired by Marappa Gounder, although the family was in a state of violence in the intestine of his death, the only life of his life, Kupayee Ammal will inherit the same heritage and the property will not be emraughed Convention The leading of them.
“This has the potential to open a dispute over the properties partitioned before 1956 where girls are not given any share and can lead to the heirs of girls who try to reclaim their rights to traits Advocate pv yogeswaran.
, Advice for the Petitioner of Women, the bench said the property succession before 1956 will also cover the right of a daughter.
“If the property of the intestinal Hindus that is dying is the property obtained by itself or obtained in a coparcenary partition or family property, the same thing will be upfront inheritance and not safely, and a Hindu princess man like that will be entitled to inherit so well in preference For other guarantees.
“It is said,” Women’s rights in the family for maintenance are in every case of very large and overall rights, it seems that some commentators are wrong in drawing poor conclusions from unclear references to women’s succession in the previous smilis.
About this problem is no longer wrong.
“Under the 1956 Law, Bench said,” If a Hindu woman dies without leaving a problem, the property inherited by him from his father or mother will go to his father’s heirs while the property inherited from her husband or father In-laws will go to the heir of the husband.
“SC was August 2 020 decided that the daughter would have the same inheritance rights as children on the traits of father, grandfather.
and great-grandfather directly from the codification of Hindu law in 1956.