Daughters to inherit self-acquired properties of fathers in absence of will: SC

In a landmark decision, the Supreme Court on Thursday said that daughters of Hindu fathers would be entitled to inherit his self-acquired and other properties obtained if the father dies without making a will. The judgement, which came on an appeal against the Madras High Court verdict, dealt with the property rights of Hindu women and widows under the Hindu Succession Act.

The apex court in its judgement added that such daughters would get preference over other collateral members of the family such as sons and daughters of brothers of the deceased father. The bench was dealing with the legal issue concerning the right of the daughter to inherit the self-acquired property of her father, in the absence of any other legal heir.

The Supreme Court also dealt with the question of whether such property will devolve onto the daughter upon the death of her father or on to father's brother's son by survivorship in the absence of any other legal heir. The judgement came on an appeal against the Madras high court verdict dismissing the partition suit of the daughters.

In case a female Hindu dies without leaving a will, the court said, the property she inherited from her father or mother would go to the heirs of her father. On the other hand, the property she inherited from her husband or father-in-law would go to the heirs of the husband.

Dealing with the facts of the case, the bench set aside the trial court and the high court's findings dismissing the partition suit of the daughters.

(With PTI Inputs)