Supreme Court rules tribal women and their heirs are entitled to equal property rights. Denial based on outdated customs violates constitutional equality.
The transfer of property to legal heirs is usually done based on a person’s testament or will. However, if someone dies without leaving a will, known as dying intestate, the property is divided among the beneficiaries according to the provisions of the Hindu Succession Act, 1956. Prior to 2005, women were not given rights of succession as a coparcener, however, after 2005 , an amendment was brought in which gave an exclusive right to the daughter as a coparcener and also equal rights as that of a son
In a significant ruling, the Karnataka High Court has declared that a mother becomes a Class-I heir to her pre-deceased son’s share in ancestral and joint family properties. This holds true even if her husband is alive, allowing her to claim a share under the Hindu Succession Act. Justice H P Sandesh ruled in favor […]
