Chattisgarh High Court Rules : Daughters Entitled To Get Equal Share In Parent’s Inherited Property

Recently, the Chhattisgarh High Court has ruled that under the Hindu Succession Act (amended in 2005), daughters are entitled to get an equal share in their parent’s inherited property.

The Bench of Justice Narendra Kumar Vyas relied on Vinita Sharma Vs. Rakesh Sharma & Ors wherein it was ruled that it is by birth that interest in the property is acquired.

In this case, Kachra Bai (mother of the appellants) had self-acquired property and after her death, the plaintiff acquired the property on the strength of a will.

The defendants disputed the legality of the Will and submitted that the plaintiff does not have the right to succeed in property because, under the Mitakshara Branch of Hindu Law, daughters are entitled to get a share in the suit property. The trial court rejected the defendant’s claim and passed an order in favor of the plaintiff and this led to the instant First Appeal filed U/S. 96 of CPC.

At the outset, the court doubted the genuineness of the Will as there is no evidence to suggest that Kachra Bai signed the Will in presence of witnesses and there is nothing to suggest that the Will was written on Kachra Bai’s instructions.

Significantly, the court ruled that since the plaintiff and the defendants are coparceners of Joint Hindu Family Property and under Hindu Succession Act the daughters are also entitled to get an equal share in the property that was inherited by their parents.

Based on the observations mentioned above, the court ruled that the plaintiff and the defendant are entitled to an equal share of suit land U/S. 6 of the Hindu Succession Act.

Title: Smt Sonia Bai vs Bashrath Sahu & Ors

Case No.: First Appeal No: 95 of 2015