The Kerala High Court has ruled that daughters have equal rights to ancestral property under the Hindu Succession Act. The verdict came in response to a petition filed by female heirs seeking their rightful share in their deceased father’s ancestral property.
The petitioners argued that they were being denied equal ownership on the basis of outdated interpretations of succession laws, despite the 2005 amendment to the Hindu Succession Act which grants daughters the same legal rights as sons.
The High Court, while delivering its verdict, emphasized that the amended Act overrides traditional customs and ensures that daughters are treated at par with sons in matters of inheritance. The bench observed that gender cannot be a reason to curtail legal rights granted by statute.
“The right of a daughter to her father’s ancestral property is undeniable and absolute under the Hindu Succession Act post-2005 amendment. Any discrimination against daughters in this regard is unconstitutional and against the spirit of equality,” the court noted in its ruling.
Legal experts have hailed the judgment as a progressive step toward strengthening women’s property rights and ensuring uniform application of the law across the state. The ruling also sets a precedent for similar disputes pending in lower courts.
The verdict sends a strong message about gender justice in inheritance and affirms the legislative intent of the Hindu Succession (Amendment) Act, 2005, which was aimed at eliminating gender-based discrimination in property rights.
