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Saturday, 20 March 2010 15:13

Daughters to have equal property rights : Karnataka High Court

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Bangalore, March 20: The Karnataka High Court in its signifigant judgement, has proclaimed that the daughter has an equal share in property as the son. As per this judgement now, marriage is not considered as a hurdle in making a daughter demand her equal share in the property.

This judgement from the High Court means validation of the Hindu Succession (Amendment) Act, 2005.

“Son is a son until he gets a wife; daughter is a daughter throughout her life. A married daughter is also a coparcener and she is entitled to equal share along with the son,” a division bench comprising Justices N Kumar and A N Venugopalagowda said while delivering the judgement.

 

Comments  

 
Like [0]Dislike [0] #9 M Jagadish, bangalore2014-01-16
This is a very good n historic decision by High Court. Women were treated very badly by male members of the family, even though their sacrifice is immense

M Jagadish
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Like [5]Dislike [5] #8 , Benglaore2012-02-13
It is learnt that appeal is pending in supreme court against this judgement .Is it correct?
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Like [3]Dislike [0] #7 , Redding2011-06-22
Many daughters have financially and morally supported their birth families throughout their adult lives and have shouldered the financial debts left behind by their deceased fathers and have lost their share of the inheritances from their parents and grandparents for the love of their living parent who most of the time cannot keep up their word. With this law in place, the living parent can no longer go back on their words and siblings closer to the living parent can no longer manipulate their living parents.
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Like [1]Dislike [1] #6 , Bengaluru2010-09-18
It is shocking that in this age people still think that women are inferior to men. People who are insecure make such statements
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Like [0]Dislike [2] #5 , Karnataka2010-06-30
Dear Sir

There was a case and we fought in the cout for 18 years and we spend a lot of money for this case and we won he case should we give the equal share to my brother
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Like [0]Dislike [2] #4 , Mumbai2010-03-29
In Kerala ,in matriarchial system this was prevalent as the uncle was the head of the family.In the name of dowryt,the share of the fathers property inherited or otherwise,was considered to have been given as daughter's share. In view of this judgement,daughters have the shareand so the daughter has to give in writing to confirm that she received her share at the time of marriage eiher as property or cash and jewellery.
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Like [4]Dislike [1] #3 , Bangalore2010-03-21
remember that the breast milk comes from a women, people who dont have ability to earn fight for higher share in property.....
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Like [1]Dislike [6] #2 , RE: Daughters to have equal property rights : Karnataka High Court2010-03-20
God has created this universe and set some rule for mankind. We have to follow the rule. eg. Baby boy gets more breast milk from mother than baby girl quality & quantity wise. Can human made law can give justice on this issue.
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Like [0]Dislike [1] #1 , Katipalla2010-03-20
The Judgement which is delivered by Karnataka HC is not acceptable in Islam, if a muslim abide this law it mean to say playing with Qura'n and Sunnah.
The logic that have to built in Islam based entirely on Qur'an and Authentic Sunnah only and does not take into account the differences of opinion among the other religion on this subject. ALLAH commands in Qura'n CHAPTER 4 - Al-Nissa - Verse 11 Allah commands you as regards your children (inheritance),
To the MALE, a portion equal to that of TWO FEMALES;If (there are) only DAUGHTERS, two or more, their share is TWO-THIRDS of the inheritance;If only one, her share is HALF.For PARENTS, a SIXTH share of inheritance to EACH if the deceased left CHILDREN;If NO CHILDREN, and the PARENTS are the (ONLY) heirs, the MOTHER has a THIRD;If the deceased left BROTHERS or (SISTERS), the MOTHER has a SIXTH.these fixed shares) are ordained by Allah. And Allah is Ever All-Knower, All-Wise.
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