Mumbai, May 31, 2025 — In a significant judgment with far-reaching implications for inheritance disputes, the Bombay High Court has ruled that daughters cannot claim legal rights to their father’s property if he passed away before 1956. The court emphasized that in such cases, the provisions of the Hindu Succession Act, 1956 — which granted daughters inheritance rights — do not apply.
The Case That Sparked the Ruling
The judgment stems from a decades-old property dispute in Maharashtra involving a man named Yashwantrao, who died in 1952. He had two daughters from two different marriages — Radhabai from his first wife Lakshmibai, and Champubai from his second wife Bhikubai. After his death, a conflict arose between the daughters over the division of his estate.
Radhabai filed a petition seeking a share in her late father’s property, claiming inheritance rights. However, her plea was rejected by the trial court, which stated that since her father died before 1956, the Hindu Succession Act was not applicable. At that time, existing laws did not grant daughters any legal claim to ancestral or self-acquired property.
High Court Upholds Trial Court Verdict
Radhabai later challenged the decision in the Bombay High Court. Although the appeal was filed in 1987, the case was heard recently. A two-judge bench reviewed the matter and upheld the lower court’s ruling. The judges affirmed that since Yashwantrao passed away prior to 1956, only the laws in effect at that time — specifically the Hindu Women’s Right to Property Act, 1937 — could be applied.
Under the 1937 law, only widows had limited rights over a deceased husband’s property, and even those were restricted — they could not sell or transfer the property. Daughters had no legal entitlement under that statute.
Judges Disagree, Matter Referred to Larger Bench
Interestingly, the two judges on the High Court bench differed in opinion. This led to the matter being escalated to a larger bench for comprehensive analysis. Following detailed deliberation, the larger bench concluded that for deaths occurring before June 17, 1956, only the property laws that were in force at the time of death would be applicable. Therefore, daughters like Radhabai cannot claim rights under the Hindu Succession Act in such cases.
Who Will Be Affected?
This ruling will impact many families where:
- The father died before 1956, and
- Property division remains unresolved.
In contrast, if the father passed away after 1956, daughters are entitled to inherit under the Hindu Succession Act. Furthermore, a landmark amendment in 2005 gave daughters equal rights to sons in ancestral property.
What Should Daughters Do?
If you are a daughter who believes you are entitled to a share in your father’s property, here’s what you should first determine:
- Date of your father’s death — Was it before or after 1956?
- Has the property been divided or is it still under dispute?
If the death occurred after 1956, you may be entitled to a share. However, for cases before that year, legal rights may not exist under current laws, and you should consult a qualified lawyer to explore your options.
A Reflection on Changing Laws
This ruling highlights how inheritance laws have evolved with time. While daughters today enjoy equal legal rights, historical cases are still governed by the laws in force at the time of the individual’s death. Understanding the legal context and timelines is crucial in such inheritance matters.
Disclaimer: This article is for informational purposes only and should not be considered legal advice. Readers are advised to consult a certified legal professional to understand how this ruling may apply to their specific case.
