PROPERTY RIGHTS: A CASE STUDY ON DANANAM SUMAN SURPUR AND ANOTHER V. AMAR AND OTHERS


Article PDF :

Veiw Full Text PDF

Article type :

Case report

Author :

MANSI TYAGI

Volume :

1

Issue :

2

Abstract :

Let's start with a quick example: Let's take one ball of green colour and other of blue colour tell that which is heavy? The red one is heavy the reason is that it is made up of red colour. Getting confuse okay than take another example: Let's take two pipes of same length or of same size but one made up of aluminium and other of copper now which one is longer answer is copper one is longer as it is made up of copper. Now you are in dilemma of what's going on where all the logics gone. To clear you’re all the doubts and confusion let's take the last but not the least example: You have 2 children's a boy or a girl. Who have right on ancestral property? In accordance with Article 15 of IC: Right to Equality which prohibits the discrimination of citizens on the basis of religion, race, caste sex or place of birth. By the understanding we can say the rights are devolved by either the boy or the girl. But from ages the discrimination in inheritance rights or property on the basis of gender was maintained. However, since 2005 the law which give rights to daughter in ancestral property has given but there are still many confusions left regarding the law and was tried to clear by our judgment of Dananam Suman Surpur and another vs. Amar and other.

Keyword :

Article 15, ancestral property, Hindu Joint Family, Section 6 Hindu Succession Act 1956.
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