New Delhi, April 21: The Supreme Court on Wednesday, April 20, announced that a married daughter is entitled to inherit her father's property, even if his wife and son are alive.
As per a report published in TOI, the SC ruling came during a hearing in which a man had nominated his married daughter's name to own his cooperative society flat after his death.
Biswa Ranjan Sengupta's decision was challenged by his widow and her son, citing the rules of the West Bengal Cooperative Societies Rules, 1987 and provisions of the WB Cooperative Societies Act, 1983.
Sengupta was reportedly living with his married daughter Indrani Wahi in his last days due to the ill-treatment meted to him by his wife and his only son.
The high court headed by a single judge directed Indrani to let the flat registered in her name but at the same time it also said Indrani was a part shareholder of the property along with Sengupta's wife and son and that she could dispose of the property only with the express consent of other shareholders.
Following this ruling, Indrani appealed in the Supreme Court. ['Daughter-in-law has no right in parents-in-law's property']
A bench of justices JS Khehar and C Nagappan pronounced,"There can be no doubt that where a member of a cooperative society nominates a person in consonance with provisions of the rules, on the death of such member, the cooperative society is mandated to transfer all the share or interest of such member in the name of the nominee."
"The rights of others on account of inheritance or succession is a subservient right. Only if a member had not exercised the right of nomination under Section 79 of the Act, then and then alone, the existing share or interest of the member would devolve by way of succession or inheritance", they said.
In 2013, the Supreme Court had said that a daughter's right to ancestral property does not arise if the father died before the amendment to Hindu law came into force in 2005.