Will not proved genuine - Daughters have equal rights under Hindu Succession Act

Telangana High Court Upholds Equal Inheritance Rights for Daughters in Landmark Succession Case Court dismisses appeal, reinforces daughters' coparcenary rights under Hindu Succession Act, 2005

In a significant judgment, the Telangana High Court has reaffirmed the equal inheritance rights of daughters in a family property dispute, emphasizing the retrospective application of the Hindu Succession (Amendment) Act, 2005. The appeal, Narender Singh Thakur v. Usha Rani Thakur, centered around the validity of a contested will and the rightful inheritance of a property purchased by the deceased Karan Singh Thakur.

Presided over by Justice Smt. Tirumala Devi Eada, the court upheld the trial court's decision, dismissing the appeal filed by the sons of Karan Singh Thakur. The appellants contended that a will dated April 4, 1993, bequeathed the property solely to them. However, the will's authenticity was questioned due to the absence of attesting witnesses and expert evidence suggesting the signature was not genuine.

The High Court, citing Section 68 of the Indian Evidence Act, 1872, emphasized the necessity of attestation for the will's validity. With the will deemed invalid, the court ruled that the property would devolve through intestate succession, granting equal shares to all legal heirs, including the daughters.

Justice Eada highlighted the amendments brought by the Hindu Succession (Amendment) Act, 2005, which grants daughters equal coparcenary rights, irrespective of their marital status or the timing of the partition. The court reinforced the precedent set by the Supreme Court in Vineeta Sharma v. Rakesh Sharma, affirming the retrospective application of these rights.

The case arose when Usha Rani Thakur, a daughter of the deceased, sought partition of the family property amid allegations that her brothers were attempting to sell it without consent. The trial court had initially ruled in her favor, awarding a 1/7th share to each sibling, a decision now upheld by the High Court.

This judgment is a landmark affirmation of gender equality in inheritance rights, reinforcing the legislative intent behind the 2005 amendment to the Hindu Succession Act. It underscores the judiciary's role in ensuring daughters are treated on par with sons in matters of ancestral property.

Bottom Line:

Hindu Succession Act - Suit for partition - Validity of unregistered Will deed - Will deed not proved as genuine - Property devolves by intestate succession - Daughters have equal coparcenary rights under Hindu Succession (Amendment) Act, 2005.

Statutory provision(s): Hindu Succession Act, 1956, Section 6; Indian Evidence Act, 1872, Section 68; Hindu Succession (Amendment) Act, 2005

Narender Singh Thakur v. Usha Rani Thakur, (Telangana) : Law Finder Doc Id # 2778690