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Hindu Succession Act, 1956: In a recent decision, the Chhattisgarh High Court held that a daughter cannot claim a share of her father’s property if he passed away before 1956, the year the Hindu Succession Act was enacted. The court highlighted that inheritance in such cases is governed by Mitakshara law, under which a daughter is not entitled to her father’s property if a son is alive. However, she may claim a right to the property in the absence of a son.

The court ruled that daughters of fathers who died before 1956 are not legally entitled to any share of their father’s property.

Justice Narendra Kumar Vyas, in a judgment delivered on October 13, upheld the decisions of both the trial and appellate courts, which had rejected the claim of Ragmania, who sought a portion of her late father’s ancestral property in Surguja district, Chhattisgarh.

Ragmania had filed her case in 2005, seeking her share, but the courts held she was not entitled to inherit, as her father had passed away prior to the enforcement of the Hindu Succession Act in 1956.

The court further explained that, according to Mitakshara Hindu law before 1956, a man’s property would pass entirely to his son upon his death, and a daughter could inherit only if there were no sons. The Hindu Law of Inheritance (Amendment) Act of 1929 did not alter this, as it only permitted certain female relatives to inherit in the absence of sons.

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Since Sudhin died before 1956 and left behind a son, the plaintiff had no claim. Consequently, his self-acquired property would fully go to his son, Baigadas. The court affirmed that the lower courts had correctly applied the law in dismissing the suit, and the appeal was rejected.

What Is Hindu Succession Act,1956?

The Hindu Succession Act, 1956 is an important law in India that governs how property is inherited (passed on after death) among Hindus. It was enacted to amend and codify the law related to intestate succession — that is, when a Hindu dies without leaving a will. The Act applies to:

- Hindus by religion including Virashaivas, Lingayats, Brahmos, Prarthna Samajists, and Arya Samaj followers.
- Buddhists,
- Jains, and
- Sikhs.

It does not apply to Muslims, Christians, Parsis, or Jews. They are governed by their respective personal laws.

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How Is Distribution of Property Done?

- Class I Heirs: A widow is entitled to one share of the property. It includes sons, daughters, and mothers, each receiving an equal share.

- Class II Heirs: The property is divided equally if no Class I heirs exist. It includes father, son’s daughter’s son, son’s daughter’s daughter, brother and sister, among others.

- If no Class I or II heirs, property passes to paternal relatives (agnates) and other relatives (cognates).

Hindu Succession Act, 1956 : Key Points

- The Hindu Succession Act Act came into force in 1956, modernizing Hindu inheritance laws and making succession rules more systematic.

- If a person dies without a will, the Act lays out a hierarchy of heirs who are legally entitled to inherit the property, minimizing disputes.

- Originally, daughters had limited inheritance rights, especially in ancestral property. The 2005 amendment granted daughters equal rights as sons, including coparcenary rights in joint family property.

- After the amendment, daughters are recognized as coparceners in Hindu Undivided Family (HUF) property, meaning they have the same birthright as sons to ancestral property.

- The Act does not apply retroactively. Daughters cannot claim property from fathers who died before 1956, as traditional Mitakshara law governed such cases.

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