Chhattisgarh High Court Upholds Mitakshara Law in Ancestral Property Dispute
Daughters Excluded from Inheriting Ancestral Property under Mitakshara Law Pre-1956
In a significant ruling, the Chhattisgarh High Court has reaffirmed the applicability of Mitakshara Law in cases of succession that opened before the enactment of the Hindu Succession Act, 1956. The court dismissed an appeal by the plaintiff, Smt. Ragmania, who claimed a share in her ancestral property, arguing that the Hindu Succession Act, amended in 2005, should apply. However, the court held that since the succession opened before 1956, the provisions of the Mitakshara Law governed the inheritance.
The legal battle involved the ancestral property of Sudhin, who passed away in 1950-51, before the Hindu Succession Act, 1956, came into force. The plaintiff, a daughter, contended her right to inherit based on the amended Hindu Succession Act, but both the trial court and the first appellate court ruled against her, adhering to the principles of Mitakshara Law, which favors male heirs in the presence of male descendants.
Justice Narendra Kumar Vyas of the Chhattisgarh High Court further elaborated that under Mitakshara Law, the property inherited by a male Hindu from his paternal ancestors remains coparcenary property. The court cited landmark Supreme Court judgments, emphasizing that the daughter could only inherit in the absence of male heirs. The court also clarified that the Hindu Law of Inheritance (Amendment) Act, 1929 did not alter the core tenets of Shastric Hindu law, which excluded daughters from inheriting ancestral property in the presence of male heirs.
The ruling underscores the continuity of traditional inheritance laws in certain contexts, despite modern legislative amendments. This decision reaffirms the legal precedence that pre-1956 successions are insulated from the amendments brought by the Hindu Succession Act, 2005, particularly in terms of gender equity in inheritance rights.
Bottom Line:
Applicability of Hindu Succession Act, 1956 and succession under Mitakshara Law - Succession opened before the commencement of Hindu Succession Act, 1956 will be governed by Mitakshara Law, and daughters are excluded from inheriting ancestral property in the presence of male heirs.
Statutory provision(s): Hindu Succession Act, 1956, Hindu Law of Inheritance (Amendment) Act, 1929, Mitakshara Law.
Smt. Ragmania Died v. Jagmet, (Chhattisgarh) : Law Finder Doc Id # 2793553
