Whether a gift made in name of minor daughters out of the ancestral property in 1970 valid?

Gift Bequeathed in Name of Minor Daughters in HUF

Name of the case – Vithaldas Jagannath Khatri (D) through Shakuntala @Susma & Ors. Vs. The State of Maharashtra Revenue & Forest Department & Ors., 29 Aug 2019 (Supreme Court)

Judges: Justice Sanjay Kishan Kaul and Justice K.M. Joseph

Fact of the Case:

The Partition deed has been executed between five parties – Late Shri Vithaldas Jagannath Khatri and his then minor son and three minor daughters. Two of the minor daughters attained majority before the commencement date of 2.10.1975, though they were not major on 26.09.1970. In term of partition, the agricultural land of the Hindu Undivided Family is sought to be divided by mentioning all the parties as part of the HUF. The lands were stated to be used jointly and shares in the lands were given to both, the minor daughters.

Among several other pleas, principal plea was that Partition Deed dated 31.01.1970 was against the principles of Hindu Law to the extent it gave a share to minor daughters in ancestral land.

The High Court also agreed with the finding that the daughters, not having a share in the property, a Partition Deed could not have conferred any interest on them. The appeal before the High Court was dismissed with the same finding.

The Special Leave Petition (SLP) was filed only by Late Vithaldas, through his legal representatives. The two elder daughters are, thus, appellants as legal heirs of late Vithaldas.

Issue:

·       Whether a gift made in name of minor daughters out of the ancestral property in 1970 valid?

·       Whether they have the right to retain the land as their separate land, without being adjusted with the lands of late Vithaldas?

The ratio of the case

The division bench of the Supreme Court thought the Hindu Law before the introduction of section 6 of the Hindu Succession Act, 1956 amended in 2006, did not allow the gift of ancestral property to a minor daughter, the Hindu Law permits the making of a provision for the daughter for her marriage, the execution of a partition deed, which has the effect of such a gift would not nullify the effect of the deed.

Unmarried Daughter’s Claim in HUF Property

The view taken by both the learned Single Judge and Division Bench would equally fall foul of the legal treatise, enunciating the rights of an unmarried daughter. On the contrary, the current scenario is one where even daughters have been given rights in the ancestral/HUF property, in terms of the amendment made to Section 6 of the Hindu Succession Act, 1956. The State of Maharashtra, where the land is located was a step ahead inasmuch as vide Maharashtra Act 39 of 1994, which was brought into force on 22.6.1994, such rights were conferred on women by making them also a coparcener by birth. However, even on the date when the Partition Deed was executed, the legal position was not as has been enunciated.

The court relooked the judgment in Guramma Bhratar Chanbasappa Deshmukh & Ors v. Mallappa Chanbasappa & Ors., and held that;

a. A provision for marriage of unmarried daughters can be made out of the ancestral property.

b. Such provision can be made before, at the time, or even after the marriage.

c. The provision is being made out of pious obligation, though the right of women got diluted over a period of time. However, with the amendment to the Hindu Succession Act, in 2005, a specific right is now conferred on women to get a share in the partition of ancestral property, including the right to claim partition. As mentioned above this change was brought about in Maharashtra in 1994,.