Indian Supreme Court Ruling on Female Heir

 

The Supreme Court of India makes a decision on Women Heir

On August 11, the Supreme Court of India made a judgment on the disputed part of the Indian Succession Act, giving clear explanations and protections for women’s family property inheritance rights. All walks of life in India said that this is a decision with epochal significance.

 

　　In 1956, India officially promulgated the "Indian Succession Act." In this bill, Indian women do not have the right to inherit family property and can only receive living allowances from the family property.

 

　　In order to correct the gender inequality in the bill, on September 9, 2005, the amendment to the inheritance law formally took effect in the country. According to the amendment, women and their brothers enjoy the same inheritance rights in the distribution of family property.

 

　　 However, this amendment that respects women's rights and interests more than in 1956 has a controversial issue: 

Can female heirs claim the same inheritance rights as their brothers in the property distribution before the law comes into force?

 

According to India’s past judicial practice and relevant interpretations of the Supreme Court, only if the daughter of the family was born before September 9, 2005 and the father and daughter are still alive on this day, the female heir can invoke the amendment to obtain the right of inheritance.

 According to the new judgment passed on the 11th, women's inheritance rights will not be subject to this restriction.

 

　　 However, the Supreme Court of India stated that in view of the fact that many families have completed the distribution of property long ago, this new judgment has given a retrospective deadline. Any family property that has been settled before December 20, 2004 will not be redistributed.