Daughter's Property Right: High Court ruling details daughter's portion of father's assets

 Daughter's Property Right: High Court ruling details daughter's portion of father's assets

Delhi High Court: The High Court has rendered a significant ruling pertaining to the daughter's ownership rights over her father's assets. The daughter's part of her father's property has been made explicit by the court in its ruling. This significant ruling in the property dispute between the sister and brother was rendered by the High Court.

The Delhi High Court rendered an unusual ruling. The oldest daughter would be the "doer" of the household in a home where she lives, the court said in its ruling. "The eldest member of the house will be the leader of the house in the absence of the head," the court said. Despite her being a daughter. In its ruling, the High Court used the phrase "Karta," which means head.

Daughter's rights are equal

Judge Nazmi Waziri has rendered a decision about societal development. The court said, "If a man born first is capable of performing the duties of a head, then a woman could possibly do the same," corresponding to the newspaper. A lady from a Hindu joint family is free to accomplish this without breaking any laws.

Choosing to undermine masculine authority

The court acknowledged that males who hold leadership roles must handle heavy responsibilities. In addition, individuals begin putting their judgments into practice on intricate and significant subjects, such as property, customs and beliefs, and family affairs. In this way, this choice undermines and threatens the patriarchal system.

An elder daughter had taken her relative to court.

In response to a complaint brought by the eldest daughter of a Delhi-based business family, the High Court rendered this ruling. The daughter filed a complaint claiming she was the family's eldest daughter after the deaths of her father and three uncles. He ought to be in charge for this reason. He had refuted his older cousin's assertion that he was the leader of the household in the petition.

Why is this choice crucial?

The Hindu Succession Act was amended in 2005 to include Section 6. Women had equal rights to ancestral property as a result, but they also gained the ability to make choices at home.

Following the ruling, the eldest daughter will now have the ability to voice her opinions on any family matter with legal standing, in addition to the rights pertaining to her own property and ancestral property.

The choice is an illustration of how society is changing. It demonstrates that a daughter who is able to provide for her father is on par with a son and is capable of fulfilling the job of a father.

It has long been customary for the guy to serve as the head of the household. Despite being the youngest person in the home. This custom will be broken by the High Court's ruling.

"Woman is a self-sufficient example."

Justice Waziri said throughout the court's decision-making process that all people are entitled to the same rights under the law. So why, up until this point, have women not been seen as capable of being "doers" is a mystery to me. In contrast, modern women are advancing steadily in every industry and setting an example of independence. There's no reason why women shouldn't be allowed to lead their households. The 1956 original statute was only amended in 2005. Now that equal rights are guaranteed by law, the courts must exercise caution when rendering decisions in these kinds of situations.

The daughter in this case will not get a portion.

The daughter's position is weak when it comes to the father's self-acquired property. If the parent used his own funds to build, buy, or acquire real estate, he is free to donate it to anyone he pleases. The parent has the legal right to transfer the property he has gained to anyone he pleases. In other words, the daughter cannot claim her portion of the father's property if the father refuses to deliver it to her.

Right of married daughter to father's property

Before 2005, daughters were not co-heirs—that is, equal heirs to the property—but rather only members of the Hindu Undivided Family (HUF) according Hindu Succession Law. Those with rights over the separate assets of the four generations before to them are known as co-heirs or co-heirs.

The daughter is not, however, regarded as a member of the Hindu Undivided Family (HUF) once she marries. Following the 2005 modification, the daughter is now regarded as an equal heir, or co-heir, to the property. The daughter's rights over her father's property remain unaffected by her marriage. That is to say, the daughter is entitled to her portion of her father's property even after marriage.