Supreme Court Ruling on Daughter's Rights to Father's Property

Supreme Court's Decision on Daughter's Rights

A daughter who chooses not to maintain a relationship with her father forfeits her rights to his property. This ruling was made by the Supreme Court during a divorce case involving a married couple. The court stated that the daughter cannot demand financial support from her father for education or marriage if she does not wish to have a relationship with him.

Case Background

In this case, the husband filed a petition regarding his marital rights, which was dismissed by the Punjab and Haryana High Court. Subsequently, he approached the Supreme Court seeking a divorce. Attempts at mediation between the husband, wife, and daughter were unsuccessful. The daughter, who has lived with her mother since birth, is now 20 years old and has refused to see her father.

The bench, comprising Justices M.M. Sundresh and Sanjay Kishan Kaul, stated that since the daughter is 20, she is free to make her own decisions. If she does not wish to maintain a relationship with her father, she is not entitled to any financial support from him.

Husband Required to Pay Alimony

During the proceedings, the bench noted that the wife lacks financial resources and is living with her brother, who supports both her and their daughter. Therefore, the husband is obligated to provide permanent alimony to his wife. Currently, he must pay her ₹8,000 monthly or offer a one-time payment of ₹10 lakh.

Mother Can Support Daughter Financially

The Supreme Court also mentioned that the mother can assist her daughter financially. If she chooses to support her daughter, she can allocate the funds received from the husband to her.

To further understand daughters' rights, we spoke with Advocate Sachin Nayak, who addressed several pertinent questions.

Question: When is a daughter capable of making her own decisions?
Answer: Both sons and daughters are free to make their own decisions once they reach adulthood.

Question: Can a father sever ties with his daughter?
Answer: According to Indian law, a father cannot legally sever ties with his daughter. However, there are instances where a father may neglect his responsibilities towards her, which can lead to legal action under Section 125 of the CrPC.

Question: If a father verbally states he has no relationship with his daughter, does she have rights to his property?
Answer: A father cannot terminate the relationship; only the daughter can do so. Even if a father claims to have severed ties, he is still required to provide financial support to his daughter, and she retains her rights to his property.

Question: Under what circumstances does a daughter not inherit property?
Answer: A daughter has no claim to her father's property in only two situations: first, if the father has excluded her from his will, leaving his entire estate to others; and second, if there is a court record indicating that the relationship between the father and daughter has ended.

Question: What happens if a father dies without a will?
Answer: In this case, both the son and daughter will inherit equal shares of the father's property.

Question: If a daughter was born before 2005 and the father has passed away, what are her rights?
Answer: The Hindu Succession Act was amended on September 9, 2005, granting daughters equal rights to their father's property, regardless of their birth date. This applies to both ancestral and self-acquired property.

It's important to note that a daughter's claim to her father's property is valid only if he was alive on September 9, 2005. If he passed away before this date, she would not have rights to ancestral property.

Understanding Ancestral Property

Ancestral property refers to assets inherited from grandparents or great-grandparents and must be at least four generations old without any division in the family. Both sons and daughters have equal rights to ancestral property, which is also referred to as inherited property. However, not all inherited property qualifies as ancestral. The Hindu Succession Act of 1956 addresses this in Sections 4, 8, and 19. If property is divided, it ceases to be ancestral and becomes self-acquired, allowing parents to disinherit their children.