The High Court of Chhattisgarh recently rules that under the Hindu Succession Act (amended in 2005), daughters will be entitled to get an equal share in their parent’s property.
Justice Narendra Kumar Vyas relied on the case of Vinita Sharma vs Rakesh Sharma & Ors where it was ruled that by birth the interest in the property is acquired.
Kachra Bai(mother of the appellants) in this case had acquired the property. After her death, her property was taken over by the plaintiff on the basis of will.
The defendants argued the legality of the will. They submitted that the plaintiff did not have the right to succeed in property. This was because, under the Mitakshara Branch of Hindu Law, daughters are entitled to get a share in the suit property.
It was also stated that the suit property is an ancestral property, and they are also the coparcener in the suit land.
The trial court quashed the defendant’s claim and passed an order in favor of the plaintiff. This led to the instant First Appeal filed u.s 96 of CPC.
In the end, the court doubted the genuineness of the will since there was no evidence to suggest that Kachra Bai signed the Will. They was no proof that it was signed in presence of witnesses and there was nothing to suggest that the will was written on Kachra Bai’s instructions.