Supreme court gave a special decision related to daughters right in property that will affect earlier decisions
In a democracy, the judiciary has a direct impact on the personal life of the people. The decisions of the judiciary are related to ordinary life, which are also taken for them. Recently, a big decision has been given in the Supreme Court of the country regarding the right of daughters in father’s earnings. In the apex court, daughters are more entitled to the case of sons or any other relative in case the father dies without a will.
A bench of Justices S Abdul Nazeer and Krishna Murari said that if a Hindu man has not made a will, then after his death, his sons and daughters will have equal rights in the property acquired by him and whoever does not have a son, then his inheritance. And in self acquired property, the right of daughter will be more than that of cousin.
After this order of the Supreme Court, it will help in resolving old disputes. The order of the court is that this decision will be implemented by giving back date. Clarifying that even before 1956, whose father had died. Their daughters will also benefit from this decision. The Hindu Succession Act was enacted in the year 1956 under the Hindu Personal Law. Now after the coming of this order, there can be a new twist in those cases regarding the distribution of property before 1956, in which daughters have not been given share in father’s property.
This decision of the Supreme Court came in an appeal brought against a decision of the Madras High Court. Which was related to the property rights of Hindu women and widows under the Hindu Succession Act. The Supreme Court in its 51-page judgment has said that
“Self acquired property of a person, who died in 1949, shall be transferred to his only daughter. Even if the person is residing in a joint family and the brother of the deceased person and his children after his death on the basis of the Survival Act 1956 But could not be transferred.”
The Court, while delivering its judgment, referred to the Marumakkathayam, Aliyasanthan and Namboodiri laws along with the traditional Mitakshara and Dayabhaga schools and observed that
“This law will be applicable to every sect of Hindus, be it Vaishnava, Lingayat, Brahmo Prarthana Samaj, Buddhist, Jain, Sikh. Only Muslims, Christians, Parsis, Jews have been excluded from it.”
The judicial system has a different importance in a democracy. The need of the hour is felt to change the rules and regulations according to the society. But it is not necessary that everyone agrees with the changes brought by the judiciary every time. Even then, it is necessary to take tough decisions for the public interest.
