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Synopsis

The Gujarat High Court recently opined that it's time to change the mentality that a daughter shouldn't receive any property once she is married. The Court said that the marriage of the daughter doesn't change her status in the family.

A bench of Chief Justice Aravind Kumar and Justice Ashutosh J Sastri made the observation in a plea filed by a person who wanted to add his sister as a respondent to his petition. In the plea, the execution of a decision made by a lower court regarding the family property was demanded.

The High Court opined that it's time to shift the mentality that says we shouldn't support our sister or daughter when she marries. "She was born alongside you and is your sister. Her place in the family has not changed simply because she is now married. This way of thinking should change," court said. 

It may be noted, the Supreme Court recently observed that not granting the benefits of survivorship in father’s property to the daughter is bad law.

In the matter before the top court, a division bench of Justices MR Shah and Krishna Murari was hearing a plea of a woman who was deprived of her share in the compensation with respect to a land that belonged to her father. It was her claim that there may not be any justification to deny the right of survivorship so far as the female member of the ST community is concerned.

The Court then urged the Central Government to amend the law as it is bad law stressing that it disqualifies a scheduled tribe (ST) woman from being considered on par with male counterparts in matters of her share in the paternal property.

The court went on to say that "the right to equality is for every citizen; if the right to property has been extended to the non-tribal daughters there is no justification as to why the tribal women must be denied the right".