High Court : Daughters, like sons, often claim their rights in their father’s ancestral property. Recently, a new judgment by the High Court has clarified this matter. The court has clearly stated that daughters cannot claim rights over certain ancestral properties of their fathers. Let’s understand through this report which ancestral property daughters cannot claim ownership of and why, according to the High Court’s recent decision.
High Court Clarifies Daughters’ Property Rights
Recently, a case related to ancestral property was presented before the Chhattisgarh High Court, where the court gave a historic verdict regarding daughters’ inheritance rights. The bench stated that if the father of a daughter passed away before June 17, 1956, then the daughter cannot claim any share in her father’s property. The court made it clear that if the father’s death occurred before the implementation of the Hindu Succession Act, 1956, then the daughter has no legal right or claim over her father’s ancestral property.
Mitakshara Law Applies in Such Cases
This landmark judgment was delivered by a single bench of the Chhattisgarh High Court. The court upheld the decisions of the lower courts and explained that for inheritance cases that occurred before 1956, the Hindu Mitakshara Law would apply.
According to this law, if a Hindu male died before 1956, his entire property—whether ancestral or self-acquired—would be transferred to his male heir (son). Under Mitakshara law, if there was no male heir (i.e., no son), only then could the daughter claim rights over the property.
Reference from Previous Supreme Court Judgments
The High Court mentioned that this decision is based on previous Supreme Court judgments, including the case of Arunachala Gounder vs. Ponnusamy, among others. The bench clarified that they have merely reiterated the established legal position. The Bilaspur High Court’s decision is specifically applicable in cases where the father’s death occurred before 1956 in relation to ancestral property inheritance.
Two Types of Properties Explained
There are two main types of properties —
- Self-Acquired Property, and
-
Ancestral Property.
In the case of self-acquired property, the father has full rights to transfer it to anyone through a will. However, when it comes to ancestral property, after the 2005 amendment to the Hindu Succession Act, daughters now have equal rights as sons.
But it is important to note that this 2005 amendment applies only to inheritances that took place after 1956. Therefore, if a father passed away before June 17, 1956, daughters cannot claim ownership or share in such ancestral property.
In summary : The Chhattisgarh High Court’s decision clarifies that daughters cannot claim rights in their father’s ancestral property if the father died before June 17, 1956, since the Hindu Succession Act, 1956, was not yet in effect at that time. In such cases, the Mitakshara law will apply, under which the property automatically goes to the male heir, and the daughter has no legal claim.
