Daughters entitled to inherit father’s properties in absence of will: Supreme Court

The apex court’s verdict came on an appeal against a Madras High Court verdict and deals with the property rights of Hindu women and widows under the Hindu Succession Act.

The top court said that a daughter of such a male Hindu would be entitled to inherit such property in preference to other collaterals. (PTI)

The Supreme Court of India has ruled that the daughters of a Hindu male, dying intestate, would be entitled to inherit his self-acquired and other inherited properties and would get preference over other collateral members of the family. This also includes properties obtained by the father in partition.

The apex court’s verdict came on an appeal against a Madras High Court verdict and deals with the property rights of Hindu women and widows under the Hindu Succession Act. Delivering the verdict, a bench of justices S Abdul Nazeer and Krishna Murari said that if a property of a male Hindu dying intestate is self-acquired or obtained in the partition of a coparcenary or a family property, the same would devolve by inheritance. The top court said that 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).

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

“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…,” said the court.

The court also said that if a female Hindu dies intestate, then the property inherited by her from her parents 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.

Get live Share Market updates and latest India News and business news on Financial Express. Download Financial Express App for latest business news.