Even today, many daughters in our society are not fully aware of their property rights. It is often seen that when property is divided in the family, daughters do not get their right right. Whereas the law now clearly states that son and daughter have equal rights over Daughter’s Rights in Father’s Property.
But recently a decision of the Supreme Court has launched a new debate on this issue and has shocked people a little. The court, while delivering the verdict in a particular case, said that under some circumstances the daughter cannot get the right to the father’s property. The court also made it clear that this decision has been given only in view of the situation in that particular case and not that it is a new general rule.
What does Hindu Succession Act say?
First of all, know that there was a significant amendment in the Hindu Succession Act in the year 2005. Under this, it was decided that daughters will also get equal rights of sons in father’s ancestral property. This law greatly strengthened daughters.
In which particular case did the Supreme Court comment?
The latest case reached the Supreme Court through the High Court, which was related to divorce between husband and wife. During the hearing of the case, the Supreme Court Decision made an important comment. The court said that if the daughter is an adult (the age of about 20 years) and she does not want to have any kind of relationship with her father herself, in such a situation she cannot expect any financial support from her father (such as help for her education or other expenses after divorce). According to the court, in such a situation he may also lose claims of Daughters Property Rights, as he has broken his relationship with his father. (Sc Decision on Property Rights)
What did the court give this decision after seeing?
The Supreme Court also clarified the background of the case in its judgment:
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Daughter’s living: The daughter’s own parents were also divorced. After the divorce, the daughter was living with her mother and mother’s brother (maternal uncle).
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Living allowance: The daughter was getting ₹ 8000 per month from her husband as ALIMONY RIGHTS (Alimony Rights), making her and her mother’s expenses (including education).
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Distance from father: The court admitted that the daughter’s living with her maternal uncle shows that she does not want to deliberately take any relation or support with her father.
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conclusion: In view of these circumstances, the court admitted that when the daughter herself has ended all the relationship with her father and is also getting alimony from her husband, she cannot separate her father separately (Property Rights) separately on her father.
How did this case reach the Supreme Court?
Initially, the husband had applied for a wife for a divorce in the district court, which was approved by the court. The wife went to the High Court against the decision, where the divorce application was rejected. After this, the husband challenged the decision of the High Court in the Supreme Court Decision. The Supreme Court eventually ruled in favor of the husband (petitioner) and approved the divorce, as well as made the above remarks regarding the daughter’s rights.
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