Introduction:

In a landmark judgment, the Karnataka High Court reaffirmed the equal rights of legal heirs of daughters in family properties, irrespective of the daughters having passed away before the 2005 amendment to the Hindu Succession Act. The case involves Channabasappa Hosmani challenging the trial court’s decision refusing to amend the preliminary decree that granted equal shares to the legal heirs of pre-deceased daughters, Nagavva and Sangavva.

Arguments:

The petitioners contended that the amended Section 6 of the Act created a new right limited to living daughters of living coparceners as of 9th September 2005, regardless of when these daughters were born. They argued against granting equal shares to the legal heirs of daughters who had passed away before the amendment, asserting that the amendment’s effect was prospective and not retrospective.

The bench referred to the Supreme Court’s ruling in Vineetha Sharma vs. Rakesh Sharma (2020) and interpreted that the amendment in Section 6 grants daughters the status of coparceners by birth, irrespective of their survival at the time of the amendment. It emphasized that denial of equal rights to legal heirs of predeceased daughters would lead to discrimination and defeat the fundamental objective of the amendment aimed at gender-neutral succession.

Court’s Judgement:

The court upheld that the daughter’s right as a coparcener by birth in the ancestral property, being antecedent, allows her legal heirs (Class-I heirs) to be treated equally with other family members. It emphasized that such denial of rights could lead to discriminatory practices and goes against constitutional principles of equality and non-discrimination.

The judgment aligns with evolving legal landscapes by addressing historical gender biases in property rights within Hindu families. It underscores the constitutional principle of equality, ensuring daughters and their legal heirs are not deprived of their rightful share based on the timing of legal amendments.