Daughter's property in India: After the Supreme Court judgment, 2022.

In January 2022, the Supreme Court resolved the issue of intestate succession to the property of a deceased intestate man and his daughter.

According to the court's ruling, the man's property passes by inheritance, not succession, and the daughter is entitled to inherit his property, including property obtained through division of the family's common property.

In the event of a woman's death without a will, the daughters will inherit from the father his ancestral share and from the husband the husband's father's share. The Court noted that the legislature's primary purpose in enacting the law on the equality of intestate women and persons who died without offspring was to return such a woman's hereditary estate to the source.

This decision''The Supreme Court establishes an inheritance system consistent with the "rule of proximity and the right of inheritance of the sole surviving daughter" applied prior to the 1956 law.

The Supreme Court has previously expanded women's rights to equal inheritance of ancestral property in 2020 and certain conflicting court opinions on the issue.

There were also different views on the retrospective application of the 2005 law guaranteeing equal rights of daughters to inherit ancestral property.

In conclusion, the Supreme Court confirmed that the amendments made to the Hindu Succession Act 1956 guaranteed daughters the right to inherit ancestral property from the time of their birth, irrespective of whether''father is alive or not as of September 9, 2005.

Daughters have an equal inheritance with sons within the common family property.

The Supreme Court also found that an unrecorded or verbal division of property cannot be accepted as a legal division.

In exceptional cases, however, where the existence of an oral partition is supported by public records and the partition is defined in the same manner as a partition approved by a court order, it may be recognized.

The court judgment is also based on the principle of equality as approved in the Constitution of India and helps to achieve gender justice and equity.

It brings''changes to traditional inheritance practices, which favored sons, and gives daughters equal rights to ancestral property. The decision has broad implications for the division of family businesses and property.

The new Supreme Court decision thus solidifies the rights of daughters to inherit equally with sons.

This is an important step towards achieving gender equality and balance in Indian society.