Hindu Woman Entitled to Equal Property Rghts & Liabilities in HUF Property – SC

By TG Team Corporate Law Judiciary October 14, 2011

TaxGuru Citation: 2011 taxguru.in 967
Case Name: Ganduri Koteshwaramma & Anr. Vs Chakiri Yanadi & Anr. (Supreme Court of India)
Appeal Number: Only available for paid members
Date of Judgement/Order: Only available for paid members
Courts: Supreme Court of India

Ganduri Koteshwaramma & Anr. Vs Chakiri Yanadi & Anr. (Supreme Court of India)- A Hindu woman or girl will have equal property rights along with other male relatives for any partition made in intestate succession after September 2005. under the Hindu Succession (Amendment) Act, 2005, the daughters are entitled to equal inheritance rights along with other male siblings, which was not available to them prior to the amendment. The apex court said the female inheritors would not only have the succession rights but also the same liabilities fastened on the property along with the male members. According to the apex court, the right that accrued to a daughter in the property of a joint Hindu family governed by the Mitakshara Law, by virtue of the 2005 Amendment Act, is absolute, except under certain circumstances. The exceptions are (i) where the disposition or alienation including any partition has taken place before December 20, 2004; and (ii) where testamentary disposition of property has been made before December 20, 2004.

SUPREME COURT OF INDIA

GANDURI KOTESHWARAMMA & ANR. VERSUS CHAKIRI YANADI & ANR.

Civil Appeal No. 8538 of 2011 (Arising out of SLP (Civil) No. 9586 of 2010)–

Decided on 12-10-2011.

JUDGEMENT

R.M. Lodha, J.-