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Court upholds women’s right to property share

Staff Reporter

BANGALORE: In a landmark judgement, the Karnataka High Court on Wednesday struck down a Central amendment to the Hindu Succession Act limiting the right of women to a share of parental property, before December 20, 2004.

The Centre had carried out several amendments to the Hindu Succession Act. While the amendment gave equal right to daughters in the share of parental property and treated them on a par with their brothers, it was made applicable only after December 20, 2004. Thus, women had no right to a share of any property sold before that date. Other amendments to the Act were in respect of a will or testament and partition of property. The amendment had not recognised oral partition. The amendment to the Act had come into force from September 9, 2005.

A resident of Bangalore, Shanta, had challenged the limitation relating to sale of property before December 20, 2004. She had questioned the legality of the action of her father and her brothers in selling property and not giving her a share. She termed as illegal and ultra vires the amendment, saying that it ran against the spirit of equality. She also challenged the constitutional validity of proviso 39 to Section 6 (1) C of Hindu Succession Act (Amendment) 2005.

Justice Ananda Byrareddy upheld her contentions and struck down the proviso limiting the right of women to inherit a share of parental property.

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