Daughters have property rights even if father dies without making will: Supreme Court

New delhi date. Friday 21 January 2022

The Supreme Court in a landmark judgment has said that if a Hindu dies without making a will, his daughters will be entitled to his own property as well as other property. Daughters will have a preference in wealth over the children of father's brothers.

The Supreme Court has given this decision regarding the property rights of Hindu women and widows in the Hindu Succession Act. The apex court, hearing on Thursday, said that if a Hindu dies without making a will, the daughters would have a share in their self-acquired property or inherited property. Daughters will be chosen in wealth over children of the deceased father's brother. The deceased father's estate will be distributed among his children. A bench of Justice S. Abdul Nazir and Justice Krishna Murari said this in a 51-page judgment.

Dispose of this question too

The court in its judgment also disposed of the question of whether the property would be transferred to the daughters on the death of their father or on the survival of the father's nephew in the absence of any other legal heir. On this, the Supreme Court said that the right of a widow or a daughter in the property acquired by the father in self-acquired or family property has been upheld not only in the old traditional Hindu law but also in various judicial decisions.