The Kerala High Court has ruled that daughters of a Hindu family from Kerala have equal inheritance rights over ancestral property. This decision was made in response to a petition challenging Sections 3 and 4 of the Kerala Joint Hindu Family System (Abolition) Act 1975, which previously denied such rights.
The court held that these sections contradict Section 6 of the Hindu Succession (Amendment) Act 2005, which grants daughters equal inheritance rights in ancestral property. The ruling further declared that a Hindu Undivided Family (HUF) in Kerala is no longer considered tenancy-in-common due to the provisions in Sections 3 and 4 of the Kerala Joint Hindu Family System (Abolition) Act 1975, which were deemed unconstitutional.
This ruling stems from a petition filed by a woman who claimed that she was denied her rightful share in her father’s ancestral property after his death in 2010. The court’s decision has significant implications for many families across Kerala where daughters have been historically deprived of their birthright to inheritance.
The case is currently under appeal at the Central, the highest judicial body in India, and its final verdict could potentially set a precedent nationwide. However, the Kerala High Court’s ruling underscores a progressive shift towards gender equality in property rights within Hindu families.
This decision comes amidst growing demands for gender justice in Kerala, where several legislations have been introduced to address women’s issues and ensure their equal representation and opportunities. The State Government has expressed its support for the Kerala High Court’s ruling and reiterated its commitment towards upholding gender equality and justice.
As the legal landscape continues to evolve in Kerala, stakeholders remain hopeful that this latest development will usher in a new era of justice, fairness, and equality for all citizens. The court’s decision is expected to be implemented starting January 1, 2026, as per the Kerala High Court’s directive.
