CONPARCENARY RIGHT OF WOMEN IN PATERNAL PROPERTY

CONPARCENARY RIGHT OF WOMEN IN PATERNAL PROPERTY 

                                                

Riya Kore,

A student at DES Navalmal Firodia

Law College                                                                                       

• Sharma v Rakesh Sharma Vineeta 2020 :-

In this case, the Supreme Court ruled on the daughter’s right to her ancestors’ property. Even with this sound judgement, there were several misunderstandings in the thoughts of the public about Daughter’s Right to Property. The Arunachala Gounder case came to the rescue, providing clarity and removing these ambiguities. The issue of succession in the Arunachala Gounder Case arose in 1967, when Maratha Gounder’s sole daughter Kuliapi Gounder died. Kuliapi Gounder died intestate, which means she died without a will or property to pass on. So the question became, what happens if a female Hindu dies intestate with no proclaimed will or succession? So, in such instances, who will inherit the property?

• What precisely is the Hindu Succession Act?

Whose primary goal was to govern intestate succession. Whenever a Hindu, Buddhist, Sikh, or Janata Dal SikhIf any of these individuals dies intestate, how will their property be distributed? By inheritance or the rule of survivorship. So everything is governed by the 1956 Succession Act. In this Act, there are primarily two categories of properties: self-acquired and coparcenary.

• What is the difference between self-acquired and coparcenary property?

Self-Acquired Property simply means that if you acquire a property with your own money that you did not inherit from your ancestors, it is considered Self Acquired Property. Coparcenary property is short for Ancestral Property. The property you inherited from your forefathers. Previously, only the boys were coparceners in Coparcenary Property Rights. That is, only boys were born with the right to inherit Ancestral Property, not girls. However, the 1956 Succession Act was revised in 2005. The 2005 Amendment recognised that girls will now be referred to as coparceners as well. Amendment to the Hindu Succession Act of 2005 they will also be granted coparcenary powers. They can inherit these Ancestral Properties since birth. The 2005 Amendment also included several retroactive provisions.

• Amendment to the Hindu Succession Act of 2005 :-

They will also be granted coparcenary powers. They can inherit these Ancestral Properties since birth. The 2005 Amendment also had some retroactive impact, which means that the amendment will apply to girls born before the 2005 Amendment. Daughters born before or after the 2005 Amendment will have full rights to coparcenary or ancestral property in their father’s coparcenary or ancestral property.

• What happened in Arunachala Gounder v. Ponnuswamy :-

The first problem was whether a single daughter might inherit her father’s self-acquired property if he died intestate, that is, without leaving a will. This is a highly specific problem. Because only coparcenary property, Ancestral Property, was mentioned in the Vinita Sharma case. There was no mention of self-acquired property. As I previously stated, this case clarifies all of these previous decisions and clears up any uncertainty. The second issue is who inherits the property of a female Hindu who dies intestate. This is also a significant question. So, let’s analyse the answers to them in depth. So, don’t miss this. In the case of Arunachala Gounder, Kuliapi Gounder inherited the property from her father. So, according to this decision. Who will inherit this property? The heirs of her father. In truth, the judiciary and legislature were motivated by the fact that after an intestate female death, the property would be returned to the source. So, the first issue is the death of Intestate Father Male. The second issue is female intestacy. So, in response to the first issue, Justices S Abdul Nazir and Krishn Murari stated that daughters have the right to inherit self-acquired and coparcenary estates following the death of their father intestate.

• Do daughters have a right to their father’s self-acquired property?

Furthermore, the daughter will be given first priority over the brother’s son. The question in this case was who would inherit Kuliapi Gounder’s property. Someone else’s son or your brother’s son. The court has already stated in Vinita Sharma’s case that daughters will be recognised as coparceners under Section 6. The same Section 6 was altered in the 2005 Amendment, in which daughters were made coparceners regardless of when they were born, before or after the 2005 Amendment. As a result of the Retrospective Effect, daughters have the right to inherit their father’s self-acquired and coparcenary property even before the 1956 Act. So that was the end of our first problem. Now, on to the second issue. According to the court, if a Hindu girl dies intestate, all property inherited from her father or mother will pass to her father’s heirs.

• Hindu female property rights when she dies intestate :-

However, the property inherited from the husband or father-in-law will pass to the husband’s heirs. As a result, Section 14 changed the female’s restricted estate to absolute estate or absolute property. It declared that if a female dies intestate without a will, Section 15 will be invoked. As a result, the Court liked that and issued its decision. This means that the property will be passed down to Kuliapi Gounder’s father’s heirs. As a result, the property was divided among the five children of Ramsay Gounder, Maratha Gounder’s brother. So this was the case’s second difficulty. After deliberating on these two problems, the decision was made to overturn a Madras High Court decision.

• Conclusion :- 

As a result of this case. Are the rights of daughters equal to those of the son? Absolutely Daughters have the same claim as sons to the father’s self-acquired and coparcenary properties.