The Supreme Court has given a big verdict in the case of inheritance rights of girls in the property. However, the apex court ruled that the ruling would not affect children's inheritance rights. This time the Supreme Court has reported a major observation.
The Supreme Court on Tuesday passed a landmark judgment ending the preference of men in the distribution of the ancestral property of Hindus. Since 1956, girls have had the same rights as boys in the property of fathers, grandfathers, and great-grandparents, the court said. The Hindu Heritage Act came into force in 1956. A three-judge bench headed by Supreme Court Justice Arun Mishra observed that "a boy lives till he gets married and a girl stays a girl for life".
Birth and death have nothing to do: Court
Justice Arun Mishra, Justice S. As per the amendments made by Abdul Nazir and Justice MR Shah in 2005, the previous meaning of Article 6 of the Hindu Heritage Rights Act has changed. Whether the father was alive on September 9, 2005, or whether the daughter was born before or after that date, has nothing to do with ancestral property rights, the bench observed. Just as boys have a right to ancestral property, girls also have a birthright, a Supreme Court bench has made clear. The Hindu Heritage (Amendment) Act came into force on September 9, 2005.
Girls have the same rights and responsibilities as boys: Court
The Hindu Heritage Act, 1956, amends Article 6 to allow girls born before or after birth to participate in the inheritance and to give them the same rights and responsibilities as boys. In her 121-page judgment, Justice Arun Mishra has made it clear that girls will be able to claim ancestral property from September 9, 2005. As provided in the amended paragraph 6, daughters cannot question the sale or acquisition of ancestral property by heirs who survived before December 20, 2004. The court also advised that Hindu families should not be upset with the latest verdict.
The latest decision does not affect the child's rights.
'It's just to increase the rights of girls. This will not affect the rights of other relatives. A three-judge bench of the apex court said that the powers conferred on them under Article 6 would be upheld. "Since the enactment of this Act in 1956, girls have been entitled to ancestral property or property," the bench said in response to a retrospective application under Article 6. The court clarified that the girl will not be able to claim her ancestral property which was settled before December 20, 2004 (by sale or division).
The son stays with the parents only till marriage.
It is considered as ancestral property among Hindus which is obtained from father, grandfather, or great-grandfather. Only heirs have the right to claim a share in ancestral property. Analyzing the Mitakshara system applicable to various types of property owned by Hindu families, Justice Arun Mishra referred to the 1996 judgment of the Supreme Court. 'Unless there is a marriage, the child is the child. But the girl remains a girl for the rest of her life, the court noted.
The 2005 amendment is a just decision of late. The constitutional goal of gender equality has been achieved without delay and discrimination has been eliminated by Article 6 of the 2005 Amendment Act, the bench said. Traditional classical Hindu law prevented girls from inheriting. But in the spirit of the Constitution, it has been repealed by amending the provisions.
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