Ancestral property distribution in Kerala no longer favors males exclusively, according to Kerala High Court's ruling that overturns the State law.
In a landmark decision, the Kerala High Court has struck down Sections 3 and 4 of the Kerala Joint Hindu Family System (Abolition) Act, 1975. This ruling has significant implications for the inheritance rights of daughters in ancestral property under the Hindu Succession (Amendment) Act, 2005.
The court's decision was based on a partition suit filed by the female heirs of a Hindu man seeking equal rights in their late father's ancestral property. The plaintiffs were represented by advocates Nirmal S and Veena Hari, while the defendants were represented by Senior Advocate Shyam Padman, advocates CM Andrews, PR Mohankumar, Boby M Sekhar, Laya Mary Joseph, Irene Paramel, and Piyo Harold Jaimon. Special Government Pleader S Renjith and Senior Government Pleader K Denny Devassy appeared for the State, while Senior Advocate PB Krishnan assisted the Court as amicus curiae.
The court started its judgment with a quote likening daughters to the Goddess Lakshmi, highlighting their revered status in ancient India. After analyzing various provisions and judgments, the court deemed it fit to strike down Sections 3 and 4 of the State Law.
The court's ruling aligns Kerala's law with the central statute, ensuring daughters cannot be denied their rightful share in ancestral property on the basis of the now-struck-down state provisions. The Hindu Succession (Amendment) Act, 2005, amended the Hindu Succession Act to give daughters equal coparcenary rights as sons in ancestral property, making daughters entitled to claim and inherit property by birth.
This decision effectively holds that the abolition of the joint Hindu family system through the state Act is unconstitutional or repugnant to the central Hindu Succession laws. This means the traditional joint family system among Hindus in Kerala, especially concerning ancestral property, continues to exist legally.
Moreover, where there is a conflict between the state and central laws, the central law prevails, and this ruling confirms that the central law guarantees daughters equal coparcenary status. The court's decision revives the joint Hindu family system in Kerala for inheritance purposes and upholds the Hindu Succession (Amendment) Act, 2005, thereby guaranteeing daughters equal rights as coparceners in ancestral property.
This decision ensures daughters cannot be deprived of their inheritance rights under the pretext of the abolished joint family system by Kerala’s 1975 Act provisions, thus reinforcing gender equality in property rights under Hindu law in Kerala.
The court's ruling in the partition suit, concerning the Kerala Joint Hindu Family System (Abolition) Act, 1975 and the Hindu Succession (Amendment) Act, 2005, has significant implications for the politics of policy-and-legislation and general-news in Kerala. This decision reveals a shift in the traditional joint family system, highlighting the integration of daughters as equal coparceners in ancestral property, a move that aligns with the central statute and upholds gender equality.
