Sons till marriage, but daughters are always daughters, equal rights over property: SC
The court said in its important comment, daughters are always daughters. The sons remain only till marriage. That is, even before the amendment in 2005, if a father has died, then the daughters will get equal share of the father’s property with the son or sons.
Important decision of Justice Arun Mishra’s Bench
Daughters also share equal share in ancestral property
In an important decision by the Supreme Court, daughters have also considered equal share in father or paternal property. In the judgment of the bench of Justice Arun Mishra, it is clearly stated that this is an interpretation of the amendment in the Succession Act 2005.
The court said in its important comment, daughters are always daughters. The sons remain only till marriage. That is, even before the amendment in 2005, if a father has died, then the daughters will get equal share of the father’s property with the son or sons.
The Supreme Court has made it clear through its decision that on 5 September 2005 Parliament amended the Succession Act of the undivided Hindu family. Through this, the daughters were treated as an equal share in the ancestral property. In such a situation, even before these amendments came into force on September 9, 2005, if a person has died and the property is divided later, then the share will have to be given to the daughters.
Going into this case history, in 1985 when NT Rama Rao was the Chief Minister of Andhra Pradesh. At that time he passed the law of equal shareholding of daughters in ancestral property. Just 20 years after this, in 2005, the Parliament passed the law to treat daughters as equal share of sons in the ancestral property for the whole country. This case was about the sharing of property between sister brothers. There was a sister plea in the Supreme Court in which the brothers refused to give their sister an equal share of the property, saying that the father had died in 2005 before 9 September. Therefore this amendment will not be applicable in this case.
The Supreme Court has made it clear through its decision that even if a father has died before 9 September 2005, the daughters will get equal share of the sons in the property. The Supreme Court’s comment is important that daughters are loving parents for their whole life. A daughter is a loving daughter to her parents from birth to death. While the intention and behavior of sons change after marriage, but not in the intentions of daughters. After marriage, daughters’ love for their parents increases. In this case, it is important from the perspective of the Supreme Court that when girls all over the world are proving their equal share of boys, then it should not be arbitrary and unjust with them only in the matter of property. While giving this decision, the Bench of Justice Arun Mishra has made it clear that daughters will get share in property equal to sons. That means it will clear another way to strengthen the female power.
