Case No / Dated: Civil Appeal No. 6659 of 2011 | Decided on 20 January 2022 Titled as Arunachal Gounder (Dead) Vs Ponnusamy
Bench: Justice S Abdul Nazeer and Justice Krishna Murari
For the determination of the aforesaid issue, the court has given its verdict after going through the various ancient Hindu books on the subject and the court has framed the issues.
The determination and adjudication of the issue depends upon the answers to the following questions:-
1) What is the nature of the property and what would be the course of succession if it is a separate property as opposed to the undivided property?
2) Whether a sole daughter could inherit her father’s separate property dying intestate? And if so –
3) What would be the order of succession after the death of such a daughter?
To answer these questions, the court has gone into the concepts of old Hindu Law and its application. It is also imperative to look into its origin and sources.
Sources of Hindu Law
The exact origin of Hindu Law is shrouded in antiquity, however, the Hindus believe their laws to exist in the revelations preserved in ‘Vedas’, Shrutis (that which are heard and revealed), and Smritis in contradiction to Shrutis (that which is remembered). The Smritis comprise forensic law or the Dharma Shastra and are believed to be recorded in the very words of Lord Brahma. The Dharma Shastra or forensic Law is to be found primarily in the institutes or collections known as ‘Sanhitas’, Smritis or in other words, the textbooks attributed to the learned scholarly sages, such as Manu, Yajnavalchya, Vishnu, Parasara and Guatama, etc. Their writings are considered by the Hindus as authentic works. On these commentaries, digests and annotations have been written. These ancient sources have thus, charted the development of Hindu Law. These sources constantly evolved over the years, embracing the whole system of law, and
are regarded as conclusive authorities. Besides these sources customs, equity, justice, a good conscience, and judicial decisions have also supplemented the development of Hindu Law.
It may also be relevant to refer to commentaries and annotations from The principles and elements of Hindu Law in the form of a digest by Shyama Charan Sarkar Vidya Bhushan, known as ‘Vyavastha Chandrika, a digest of Hindu Law. Section II of the said digest deals with Daughters’ Right of Succession.
The court has also given its deliberation of Clause 118 of Section II of the commentary, it is stated as under:-
“In default of the widow, the daughters inherit the estate of the man who died separated (from his
coparceners) and not re-united (with them).”
The Court has also given its deliberations quoted in books i.e. ‘Vishnu’ and ‘Vrihaspati’ as under:-
“Vishnu: The wealth of a man who leaves no male the issue goes to his wife; on the failure of her, to his
daughter.
Vrihaspati: The wife is pronounced successor to the wealth of her husband; in her default, the daughter.
As a son, so does the daughter of a man proceed from his several limbs. How then, should any other
person (b) take her father’s wealth?
(B) Any other person – These terms exclude the son and widow, (who are preferable heirs), and include
the father and the rest.
Smriti Chandrika, ChapterXI, Section (ii), Clause 5 and 6.
“The meaning is how could the father and the rest take the property of a son-less man, while the
daughter is alive.”
The book also quotes ‘Manu’ as under:-
“Manu:– The son of a man is even as himself, and the daughter is equal to the son. How then can any other
inherit his property, notwithstanding the survival of her, who is, as it were, himself.”
Clause 120 of the ‘Vyavastha Chandrika’ reads as under:-
“120:- A daughter is entitled to inherit the divided property of her father, it has been, by parity of
reasoning determined that she is entitled to inherit also, such property as was separately acquired or held
by him, or was vested in him.”
The purport of the text of ‘Vrihaspati’ is that the brother or the father and like would not take the property of a man who died without leaving a male when the daughter is alive. By springing from the same limbs of the
father, a daughter has been treated in Smriti Chandrika as equal to a son.
‘NARADA’ is aware of the equitableness of the proposition that it is the daughter who should succeed on the failure of the son and the widow, says, “on the failure of male issue, the daughter inherits, for she is equally a
cause of perpetuating the race.”