Kochi: The Kerala High Court ruled in favour of a daughter claiming equal share in the property of a Hindu father, who died on or after December 20, 2004, under the Hindu Succession (Amendment) Act of 2005, the Kerala High Court said.
The Hindu daughters were deprived of their right in father’s property due to the provisions of the Kerala Joint Hindu Family System (Abolition) Act of 1975 which are inconsistent with central law, the court said.
The matter came before the court’s consideration after a daughter sought her rightful share of Hindu Undivided Family (HUF) property after the death of her father in 2005.
Challenging her claim, the defendant said the Joint family system ended with the adoption of Kerala Joint Hindu Family System (Abolition) Act of 1975.
Dismissing the defendants arguments opposing the petitioner, the Kerala High Court said that when a state law conflicts with a central law on a matter in the Concurrent List, the central law takes precedence.
The court also emphasised that daughters, like sons, acquire coparcenary rights by birth, provided the father died on or after December 20, 2004
