Skip to main content

Girls born before 2005 too have equal rights to jointly-owned property - Bombay high court

The Bombay high court has clarified that a change in law in 2005 to bring daughters on a par with sons over rights to joint family property can be applied retrospectively.

Daughters born any time earlier than September 9, 2005, are entitled to equal rights for inheritance of jointly-owned family property, the court held on Thursday.

The judgment delivered by a three-judge bench of Chief Justice Mohit Shah, Justice M S Sanklecha and Justice M S Sonak has freed a large number of Hindu women from the son-centric heirship laws that existed till 2005. Now, they will get a share in properties worth crores of rupees in the city.

The judgment said that equality would now apply to even girls born prior to 1956, when the Hindu Succession Act first came into effect, but hadn't given daughters equal rights which sons enjoyed since birth over joint family property. In September 2005, a progressive amendment to the Succession Act conferred equal inheritance rights at birth even to daughters over joint family property. But daughters, the HC clarified are entitled to these equal rights only if they were alive and such property existed as joint family property in September 2005, when the amendment came into force.

The high court said that all daughters born any time earlier but alive as on September 9, 2005, have equal rights as sons, but heirs of daughters who died before that date do not get any benefit under the law.

The question before the bench in a clutch of cases was whether the 2005 law could be retroactive. The issue was referred to the larger bench by a single judge of the high court in June. Justice R G Ketkar had doubted the correctness of a conflicting finding by a two-judge bench earlier in 2012. The division bench had held that the equality to daughters would be available only prospectively to those born after September 2005.

Ram Apte, senior counsel appearing for a woman born prior to 2005 who was fighting with her brothers for partition of a joint property, had argued that the modified law had to be treated as applicable without a cut-off date and that a daughter's rights at birth must be recognized retroactively as if they existed when the succession laws were first legislated in June 1956.

The high court said, "In cases of socio-economic legislations, like the one we are concerned with, we must apply the purposive rule of interpretation to find out the true meaning of the statute."

Article referred: http://timesofindia.indiatimes.com/india/Girls-born-before-2005-too-have-equal-rights-to-jointly-owned-property-says-Bombay-high-court/articleshow/40311617.cms

Comments

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

Vanishing promoters and languishing shareholders

Over Rs 60,000 crore of shareholders’ wealth is stuck in 1,450 companies suspended by the stock exchanges. More importantly, near 100 per cent pledging of promoter holding appears to be common in many of these companies. This, almost rules out any chance of the companies bouncing back. The suspension is for non-compliance of the listing norms. Vanishing Companies - Definition As per the definition stipulated by SEBI, any listed company, which raised moneythrough initial public offer and, thereafter, stopped operations, did not file returnseither with the RoC or SEBI and did not exist on the registered premises wastermed as vanishing.There are provisions under Companies Act under which companies are termedvanishing companies on satisfying certain conditions. it is provided a companywould be deemed to be a vanishing company, if it satisfies all the conditions given below : a) Failed to file returns with Registrar of Companies (ROC) for a period of two years; b) Failed to fil...

Mere Agreement To Sell The Leased Property To Tenant Would Not Terminate Landlord-Tenant Relationship

In CIVIL APPEAL Nos. 1237­1238 OF 2019, Dr. H.K. Sharma vs Shri Ram Lal, the tenant had objected against the eviction suit filed by the landlord, claiming that the landlord-tenant relationship between them had ceased to exist by virtue of an agreement for sale entered between them and that he has already paid some money in advance based on the agreement. The tenant contented as the landlord-tenant relationship did not exist, the landlord cannot evict him. The matter went through various forums and finally landed before the Supreme Court in appeal. The Supreme Court referring to the judgment in Shah Mathuradas Maganlal & Co. vs. Nagappa Shankarappa Malage & Ors., held that in the instant case the lease agreement included no clauses on the fate of the tenancy. A fortiori, the parties did not intend to surrender the tenancy rights despite entering into an agreement of sale of the tenanted property. In other words, if the parties really intended to surrender their tenancy ...