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Mumbai: The Bombay High Court on November 12 ruled that if the father died before the Hindu Succession Act, 1956 came into force, the daughter does not get limited or unquestionable right of inheritance in the father’s property.
On February 28, 2007, the Division Bench replied with reference to the single judge’s decision. Responding to the plea, the bench referred to the provisions of the Hindu Succession Act and also the Hindu Women’s Property Rights Act, 1937 which deals with the issue of rights of women in the property of husband or father in the family.
According to Hindu customs, when a daughter is born, her in-laws send her away once she becomes marriageable. Therefore, when the 1937 law came into force, they were not considered part of the family. The 1937 law was made before independence. At this time widows had to be provided protection after the death of their husbands as they were not sent to the pir. Therefore, in such a situation, widows were given limited rights by the Act of 1937. However, the daughter was deprived of any claim on the father’s property before the 1956 Act, the court said in the judgment.
This amendment was made even before the 2005 amended law giving equal rights to daughters. However, this does not mean that the daughter could have got any rights if succession to the property was determined in the event of the father’s death before 1956.
However the appellant was the daughter of the deceased father’s first wife. The defendant was the daughter of his second wife. The first wife died before the death of the father and after the death of the father his property was inherited by the second wife and after her death the property was inherited by the only daughter of the second wife. ,
According to the appellant, as per the Hindu Succession Acts 1956 and 2005, she should inherit her father’s property like her father’s widow.
Referring to an important provision of the Hindu Women’s Property Rights Act, 1937, the court said that if the father died before 1956, then the daughter does not get the right to inherit the property. The law provides for the male owner to claim a share in the property and treat the widow as a son for calculating the limited share.
