supremecourt

Hindu Succession Act 1956 – Father’s Self Acquired Property And Daughter’s Right – Hindu Law – Supreme Court

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.”

Leave a Comment

As per the rules of the Bar Council of India, we are not permitted to solicit work and advertise. The user acknowledges the following:

There has been no advertisement, personal communication, solicitation, invitation, or inducement of any sort whatsoever from us or any of our members to solicit any work through this website;
The user wishes to gain more information about us for his/her own information and use;
The information about us is provided to the user only on his/her specific request and any information obtained or materials downloaded from this website is completely at the user’s volition and any transmission, receipt, or use of this site would not create any lawyer-client relationship.
The information provided under this website is solely available at your request for information purposes only and should not be interpreted as soliciting or advertisement.

We are not liable for any consequence of any action taken by the user relying on material/information provided under this website. In cases where the user has any legal issues, he/she in all cases must seek independent legal advice, as the material contained in this document does not constitute/substitute professional advice that may be required before acting on any matter. Neither this website nor the web pages and the information contained herein constitute a contract or will form the basis of a contract. While every care has been taken in preparing the content of this website and web pages to ensure accuracy at the time of publication and creation, however, Kanoonwala Legal Services assumes no responsibility for any errors, which despite all precautions may be found herein.

Pieces of information provided on this website contain only general information regarding Kanoonwala Legal Services (KLS) and are not intended as a solicitation or an advertisement of its services or any invitation or inducement of any sort. Nothing contained in this website constitutes legal advice or the creation of a lawyer-client relationship. If you have any issues, you must seek legal advice. Kanoonwala Legal Services is not liable for the consequences of any action taken by relying on the material/information provided on this website. For more information, please read our terms of use and our privacy policy. All disputes, if any, are subject to the exclusive jurisdiction of courts in Lucknow, India only.