Married daughters entitled to inheritance under Hindu Succession Act, overriding Karnataka Land Reforms Act; Supreme Court precedent in Har Naraini Devi case held inapplicable
In a significant judgment delivered on September 24, 2026, the Karnataka High Court dismissed a regular second appeal filed by the defendants challenging the right of married daughters to claim their share in properties granted under the Karnataka Land Reforms Act, 1961. The judgment upholds the principle that married daughters have equal rights to inheritance under the Hindu Succession Act, 1956, even when the properties in question are tenanted lands acquired by grant from a Land Tribunal.
The case arose from a suit filed by the widow and daughters of the deceased Sri Shivappa, who sought partition and separate possession of schedule `A' and `B' properties. The defendants contended that the suit lands, measuring over 3 acres in Tavaramellihalli Village, were tenanted lands granted to Sri Shivappa by the Land Tribunal and thus not subject to inheritance claims by married daughters. They further argued that the daughters had relinquished their rights through a Hakku bitta patra in 2006.
After examining the evidence and legal submissions, the trial court and the first appellate court had ruled in favor of the plaintiffs, granting each daughter a 1/7th share in the properties. The defendants challenged these findings before the Karnataka High Court, raising a substantial question of law on whether married daughters are entitled to claim shares in tenanted lands granted under the Karnataka Land Reforms Act, particularly in light of Section 4 of the Hindu Succession Act and the Supreme Court judgment in Har Naraini Devi v. Union of India (AIR 2022 SC 4632).
The court observed that the parties' relationship and inheritance claims through Sri Shivappa were not disputed. It emphasized that the Hindu Succession Act has overriding effect over the Karnataka Land Reforms Act and that the latter does not govern succession rights. The judgment clarified that the Supreme Court's ruling in Har Naraini Devi, which dealt with the Delhi Land Reforms Act and specific amendments to the Hindu Succession Act, was not applicable to cases involving property granted by land tribunals under the Karnataka Act.
The court relied on its earlier rulings, including Smt. Mallawwa Laxman Yadahalli v. Shri Siddappa Mallappa Khavatakoppa and Vishnu v. Smt. Buddavva, which affirm that married daughters have a right to inheritance in such lands. It held that once the property continues to be joint family property, daughters, whether married or unmarried, are entitled to their share.
Consequently, the Karnataka High Court affirmed the concurrent findings of the lower courts and dismissed the defendants' appeal, reinforcing the legal position that married daughters cannot be denied their rightful share in tenanted lands granted under land reforms legislation.
This judgment is a reaffirmation of gender equality in property rights and strengthens the protection offered by the Hindu Succession Act to daughters, irrespective of marital status, ensuring they receive their lawful inheritance even when the land is subject to special tenure or tenancy laws.
Bottom Line:
Partition and succession - Married daughters are entitled to share in lands granted by Land Tribunal/tenanted lands inherited from father - Hindu Succession Act has overriding effect and Karnataka Land Reforms Act does not govern question of succession - Supreme Court decision in Har Naraini Devi held not applicable to such case.
Statutory provision(s):
Hindu Succession Act, 1956 Section 4, Karnataka Land Reforms Act, 1961, Civil Procedure Code, 1908 Section 100
Smt. Jayavva v. Smt. Girijavva, (Karnataka) : Law Finder Doc Id # 2996430
