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Daughter Entitled to Equal Share in Hindu Undivided Family: Kerala HC
The Statesman Bhubaneswar
|July 10, 2025
In a landmark verdict strengthening women's rights in ancestral property, the Kerala High Court has recently ruled that a daughter of a Hindu father who died after December 20, 2004, is entitled to an equal share in Hindu Undivided Family (HUF) property, under the Hindu Succession (Amendment) Act, 2005.
The court held that Sections 3 and 4 of the Kerala Joint Hindu Family System (Abolition) Act 1975 are repugnant to Section 6 of the Hindu Succession (Amendment) Act, 2005, and hence, cannot prevail.
A single bench of Justice Easwaran held that the 2005 amendment grants daughters coparcenary rights by birth, which the Kerala law fails to recognise. The Court stated that from 20 December 2004 onwards, daughters in Kerala have equal rights in ancestral property unless a partition occurred before that date.
Dit verhaal komt uit de July 10, 2025-editie van The Statesman Bhubaneswar.
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