Bengaluru:Refusal to give the share of deceased daughters in the inherited property will be against the principle of equality of the Constitution. and hence equal share should be given to the deceased daughters as well, stated the Karnataka High Court in a landmark verdict.
This came in response to the Gadag court order that the daughters, who are sisters, should be given a share in the inherited property. The bench headed by Justice Sachin Shankar Magadam, which heard the petition filed by Channabasappa Hosmani of Naragunda Taluk in the High Court, passed the order.
Giving a lowdown on the background of the case, petitioner Channabasappa had approached the High Court challenging the order passed by the Chief Civil Judge of Gadag on October 3, 2023 to give equal share (to the deceased's heirs) in the ancestral property to the deceased sisters Nagavva and Sangavva. Sangavva, Nagavva died before the Hindu Succession Amendment Act 2005. They are not allowed to share in the property. Therefore, the petition requested that the order of the trial court should be amended.
Petitioners argued that females who died prior to the amendment of the Hindu Succession Act, 2005 were not heirs to the inherited property. However, the bench said that daughters will also have an equal share in the family property. If the son who died before the Act has retained the rights of the property, the same applies to the daughter.
No discrimination between predeceased daughter-son is allowed. Discrimination between female and male children would be against the principles of equality of the Constitution of India and would lead to legal conflict. Therefore, equal rights should be given to girls also, the bench said.
Also, the courts have to uphold the basic principles of equality in relation to the intervention and enforcement of the law. Equal rights should be given to all without gender discrimination. Intervening in the law in this way would allow equal sharing of family property rights without gender discrimination. If a predeceased daughter is denied inheritance rights under the 2005 amendment, it will perpetuate the history of gender discrimination. Also, women will not be deprived of their rights by the amendment of the Acts. Therefore, equal opportunities should be given, the bench said.
Referring to the Supreme Court's order in Vineeta Sharma's case, the bench held that under Section 6 of the Act, it does not matter under what circumstances the female daughter died. Emphasized gender equality, being equal partners in inherited property. This order will be retrospective. The right to share in the inherited property is by birth and not by inheritance. Whether they are alive or not is irrelevant. So daughters are also partners in the property. In 2005, a female daughter is the legal heir. The bench said that they are entitled to share in the inherited property.
According to Section 6(1)(a) of the Act, female daughter is also included as male child. Accordingly, the bench mentioned in the order that the question of dropping the daughters from the partnership does not arise as per the 2005 amendment.
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