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Orissa High Court: Odisha High Court has given a big decision regarding the rights of daughters on the ancestral property of the father. Court held that daughters are equally entitled to the property of parents as sons and they have right on ancestral property of father.
The court has given this decision regarding the division of property among three sisters and brothers. The court said that even if the father had died before the Hindu Succession Amendment Act, the girls were equally entitled to the property of the parents as sons. The hearing of this case was being done by the bench of Justice Vidyut Ranjan Sarangi and Justice Murari Shri Raman. Referring to a historic decision of the Supreme Court in Vinita Sharma vs. Rakesh Sharma, the court said that under the Mitakshara law, in joint families, the daughter is considered equal to the son. The daughter has equal rights in the ancestral property as that of the son.
Court’s Comment
The Mitakshara law gives sons the right by birth in joint property. This law was amended in 2005 to include girls as well. The father of the petitioner had died on March 19, 2005 and the Hindu Succession Amendment Act 2005 came into force on September 9, 2005. The petitioner says that after the death of the father, his three brothers got the property in their name under the Odisha Land Reforms Act. This was challenged by the petitioner and her three sisters before the sub-collector and she became an equal sharer in the father’s ancestral property. But the brothers challenged this decision in the Claims Commission. On this, the Claims Commission passed an order against the petitioner and then the matter reached the High Court.
What does the law say?
Here the court ruled in favor of the petitioner saying that the Mitakshara law gives equal rights to the son in the joint family property as his father right from birth. It states that all the male descendants of a Hindu in the male line up to the fourth generation are his sons. It was further stated that the daughter does not get the right by birth in the joint family property, but the Hindu Succession Act 1956 in the states of Andhra Pradesh, Tamil Nadu and Maharashtra and Karnataka amended the law by adding section 6-A and followed the lines of these four states But the Hindu Succession Act 2005 came into force all over India. The High Court directed the Claims Commission to take a fresh decision in the matter.
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