8 July 2025 | Kochi
In a landmark verdict strengthening women’s rights in ancestral property, the Kerala High Court has ruled that a daughter of a Hindu father who died after December 20, 2004, is entitled to an equal share in Hindu Undivided Family (HUF) property, under the Hindu Succession (Amendment) Act, 2005. The Court held that provisions of the Kerala Joint Hindu Family System (Abolition) Act, 1975, which deny such rights, are repugnant to the Central law and therefore inapplicable.
Court Rejects Kerala-Specific Objections
The case involved a daughter who sought her rightful share in HUF property after her father’s death in 2005. The opposing party argued that her claim was barred by the 1975 Kerala Act, which abolished the joint family system in the state.
However, the High Court, referring to Article 254(1) of the Constitution, stated that if there is a conflict between a central law and a state law on a subject in the Concurrent List, the central law shall prevail. Since the Hindu Succession (Amendment) Act is a central legislation, it overrides any inconsistent provisions of the Kerala law.
The Court further emphasized that daughters acquire coparcenary rights by birth, just like sons, as long as the father died on or after 20 December 2004 — a key date affirmed in the Supreme Court’s Vineeta Sharma v. Rakesh Sharma (2020) ruling.
Justice V.G. Arun, delivering the judgment, observed:
“Once the Central amendment confers equal rights on daughters, no state legislation can take that away under the guise of an earlier local enactment. The Kerala Act, to the extent it conflicts with the Hindu Succession Act, must yield.”
Implications of the Judgment
The decision ensures that women in Kerala are not denied inheritance rights based on a now-outdated law. It aligns the state’s position with the rest of the country and guarantees equal property rights for daughters, eliminating legal ambiguity in succession matters concerning HUF property.
Key Takeaways:
• Daughters of Hindu fathers who died after 20.12.2004 have equal rights in HUF property.
• Kerala’s 1975 law cannot override the Hindu Succession (Amendment) Act, 2005.
• The ruling applies even though Kerala had earlier abolished the joint family system under Mitakshara law.
• Constitution’s Article 254(1) ensures the supremacy of Central law in case of conflict.
