Inheritance Property Law In India

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The role of Indian women has always been relative to the men of the family, even according to the Dharmashastras. So when the Indian Succession Act was passed in 1956; Members of Parliament actually felt no need to give daughters an equal share in the father’s estate, as they believed that the daughter would be in a different home after marriage, so they should not be entitled to inherit anything. his father’s property.

Inheritance Property Law In India

Inheritance Property Law In India

“Until he marries he remains a man and a girl remains a woman throughout her life.”-A three-judge bench headed by Justice Arun Kumar Mishra reaffirmed this when the question arose – the Hindu Succession (Amendment) Act. daughters had an equal share in the ancestral property with reversionary effect.

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Before the enactment of the 1956 Act, shastric and customary laws varied greatly from region to region based on Hinduism. But after the 1956 Act, ancestral property was distributed according to the law of survivorship, where women were not considered equal. It was only after the modernization of the society and recent events that women came forward to demand their rights, Section 6 of the 2005 Act was amended and the Act was repealed and the Supreme Court decided in Prakash v. Pulawati: 2005 year, if the father is alive, the daughters are entitled to claim their allowance in the ancestral estate.

Inheritance Property Law In India

Later, in 2018, in the case of Danamma and Amar Singh, the court went against Prakash’s decision and held that even if the father had died before 2005, the daughters would get an equal share and be entitled to their father’s property. . Also, in 2020, in Vineta Sharma vs. Rakesh Sharma, the Supreme Court invalidated the 2015 order and said that the father should not have been alive on the date of the 2005 amendment.

Prior to the enactment of the Hindu Succession Act in 1956, shastric and customary laws governed Hinduism that varied from region to region and sometimes differed radically from one region to another; it made a difference in the law. Therefore, there are also different schools based on different interpretations of Smritis for matters related to inheritance, such as Mitakshara and Dayabhaga school.

Inheritance Property Law In India

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The Indian Succession Act of 1929 is the first piece of legislation. However, it is the work that brings the woman into the inheritance scheme. This law places the right of inheritance on three female heirs such as a son’s daughter, a daughter’s daughter and their sister, a restriction on the law of survivorship.

The Hindu Succession Act, 1956 is an Act of the Parliament of India to amend and regulate the law of succession or inheritance among Hindus, Buddhists, Jains and Sikhs, meaning that the Act deals only with inheritance.

Inheritance Property Law In India

Section 6 of the Settlement of Hindus Act, (before amendment of 2005) “Conflict of interest in property – if a male Hindu dies after the coming into force of this Act, his death is interested in the Mitakshara property, the share in the property shall be distributed by survivorship to the surviving members of the group not subject to this Act.”

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Accordingly, no woman was a member of the Mitakshara coparcener estate because they were considered not to be descendants of the coparcener or of the same blood. Widows, siblings, or other heirs of the deceased are not entitled to inherit from the ancestral property, except for male descendants through the rule of survivorship. family members.

Inheritance Property Law In India

After a long process of almost 50 years, the Center introduced an amendment in 2005 to eliminate gender discrimination in joint property. The Amendment Act before 2005 or the Hindu Development Act of 1956 were discriminatory as they did not take women into account. from birth as children to receive ancestral inheritance as children. Wealth is wealth that every Hindu inherits from his father, grandfather or great-grandfather. Coparcener is the term used for any person who inherits an ancestral property by birth. This Indian Succession Act was enacted to harmonize Indian law.

The central government has objected to the idea of ​​bringing back the 2005 amendment bill because under Indian family law, a testator has the right to divorce. Therefore, the statute set a statute of limitations of December 20, 2004, to prevent any settlement or division from being reopened before that date. The court passed December 20, 2004 (date) as the decision, but noted that if the girl asks for a share or a share, it cannot be denied on the basis of a final decree and not on the basis of a family agreement. court or registered family agreement. If an oral agreement is presented, held at the bench, it must be supported by “public documents”.

Inheritance Property Law In India

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The Hindu Succession Act of 2005 was significant as it addressed various gender inequalities of the past and gave equal rights to daughters in coparcenary property under the Hindu Mitakshara.

• If a Hindu dies, asphalt property to his daughter is distributed to his sons.

Inheritance Property Law In India

In the same way, the girl has the right to divide her share of the property as she likes.

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If the wife dies before partition, the children of such coparcener will have the share acquired immediately before her death.

Inheritance Property Law In India

V. in the case of Prakash et al. In Phulavati (2016), the Supreme Court held that “the rights of heirs under the 2005 Act apply to daughters who were alive on 9 September 2005, irrespective of their date of birth. It is only the owner ( father) died before September 9, 2005, the surviving daughter of the surviving owner will not be entitled to ownership of the property in such a case.

Danamma v. Supreme Court in the case. Amar (2018), if the father died before 09.09.2005 (date of amendment) and the case filed by the police officer is pending, the spouses are entitled to share will have (although this is not qualified in the case of Pulavati) ).

Inheritance Property Law In India

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These two cases created an era of confusion in the interpretation of Section 6 of the Indian Succession (Amendment) Act, 2005.

Section 3 of the Act, which prohibits a female heir from asking for a partition of a home where a family member is living, has been repealed unless exhausted husbands choose to share the shares.

Inheritance Property Law In India

In the case of Vineeta Sharma. Rakesh Sharma (2020), a judge of the Supreme Court ruled that even if the father died before the replacement of the Indian Succession (Amendment) Act, 2005, daughters would have equal rights with sons in the property of the parents. Also, the rights under this amendment apply to daughters alive on 09.09.2005, regardless of when their daughters were born.

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Henceforth, a recent ruling declared the 2005 law retroactive, giving daughters equal rights to their ancestral property even if the father of a daughter died before September 9, 2005.

Inheritance Property Law In India

It was held that the provisions of Section 6 should be enforced. The provisions contained in Section 6 of the Indian Succession Act, 1956 give the status of co-parcener to a daughter born before or after the reform, on par with a son who has the same rights and privileges. A daughter born earlier can claim the rights of a daughter born after 9.9.2005 subject to the provisions contained in section 6(1) relating to limitation or exclusion, divorce or rules of evidence which occurred before 20.9.2004. Coparcenary born, he does not have to be alive as coparcener’s father as of 9.9.2005. The statute of dismissal created by section 6 of the Indian Succession Act, 1956 did not, as originally construed, lead to an actual partition or dissolution of the partnership. The legend is intended only to determine the share of the deceased husband in surviving a Class I female heir or a male relative of such a woman as defined in the Schedule to the 1956 Act.

Substitution of section 6 is required to be fully effective. Although the first law is passed, in case of final judgment or appeal, the daughter is given a share of the son’s share. According to the strict rules of information contained in Section 6(5) of the 1956 Act, the party’s claim is not admissible because the principle is that a registered partition under the rule accepted through the document.

Inheritance Property Law In India

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