You are allotted land by the state government under Nautor rules, but what happens after your death? Can your married daughter inherit it? In one such case, the court has ruled in favour of the daughter, citing the Hindu Succession Act.Let’s read on to know what the case is about:In 1972, the Himachal Pradesh government allotted three bigha and two biswas of agricultural land in Shimla to a person under the Nautor rules for cultivation. Although a revenue assistant handed over possession of the plot, the officials concerned never signed the patta, or the formal land revenue document, for reasons that remain unknown.Following the man’s death in 1990, his wife approached the authorities seeking the patta. However, the document remained unsigned even though it was ready. Consequently, neither the man or his wife’s name was entered in the land’s revenue records through mutation, as the necessary paperwork had not been executed, according to an ET report.His wife died in 2012, leaving behind their only daughter, who subsequently approached the revenue authorities once again for issuance of the patta.This time, however, her request was reportedly rejected outright on the ground that married daughters were ineligible for land under the Nautor rules.The daughter maintained that she was not seeking a fresh allotment but merely requesting the patta for land already granted to her deceased father, claiming entitlement as a Class I legal heir under the Hindu Succession Act.Her counsel moved the court and relied on the Himachal Pradesh Nautor Land Rules, 1968. He submitted that the rules provide that a son or daughter cannot apply for Nautor land while the father is alive, and a wife cannot apply when her husband is alive.The exception is where the son, daughter or wife establishes that the father or husband, as applicable, has disinherited or separated them, or has renounced the world.The counsel argued that the rules contain no provision barring married daughters from seeking a patta.He further submitted that, even otherwise, the established legal position is that a married daughter who remains dependent on her parents cannot be denied any entitlement she may have as a Class-I legal heir of the original allottee.
Why did the daughter win the case?
After examining Rules 7 and 8 of the Himachal Pradesh Nautor Land Rules, the High Court observed that Rule 7 does not indicate anywhere that a married daughter is disqualified from applying for Nautor land.Under Rule 8, a son or daughter cannot seek Nautor land while their father is alive, just as a wife cannot apply when her husband is living. The restriction, however, does not apply if the son, daughter or wife establishes that the father or husband, as applicable, has disinherited or separated them, or has renounced the world. In such circumstances, they become eligible to apply for Nautor land.The court observed that the provisions permit sons and daughters to seek Nautor land, with the restriction applying specifically during the father’s lifetime.The Himachal Pradesh High Court said: “There is no specific rule under Nautor rules that debar a married daughter from claiming land under the said Rules.”In 1980, the Himachal Pradesh government issued a clarification circular proposing a review of sanctions and their re-issuance in favour of Category-I legal heirs under the Hindu Succession Act.It stated that where married daughters were among the Class-I heirs, the land should not be sanctioned in their names. Instead, the remaining legal heirs were to be considered for allotment.The High Court held that the communication was merely an administrative clarification and could not supersede statutory rules that carry the force of law.The court also noted that under the Hindu Succession Act, 1956, married daughters are now recognised as having coparcenary rights. It clarified that the daughter in this case was not seeking a patta on the ground that she was the unmarried daughter of her parents. Her claim was based on her status as a Class-I legal heir, through which she sought issuance of the patta in her favour.The court observed that her application under the Nautor provisions did not contain any request for a fresh allotment of land under those Rules. Instead, she had specifically sought permission and grant of 03-02 bighas of land in Shimla district, referring to the sanction order and compensation deposited by her mother.The High Court accordingly allowed the daughter’s appeal and directed the authorities to reconsider her case in light of the court’s findings. It asked them to complete the exercise, preferably within two months from the date of the order.Amitraj Kaushal, Advocate at Supreme Court of India, told ET that the daughter won because the Himachal Pradesh High Court found no explicit provision in the Himachal Pradesh Nautor Land Rules, 1968, that prevents a married daughter from inheriting Nautor land as a legal heir.Kaushal says the court additionally considered the evolution of the law towards recognising equal inheritance and coparcenary rights for daughters. It also drew upon the Supreme Court’s reasoning that denying married daughters such rights solely because of their marital status is rooted in a gender stereotype. The rejection order was accordingly set aside.Kaushal explains that the Hindu Succession Act, 1956, does not distinguish between married and unmarried Hindu daughters when determining inheritance rights. Marriage, by itself, cannot disqualify a daughter from inheriting her parents’ property.Kaushal says: “Where a Hindu dies intestate, succession is governed by the statutory scheme, and daughters who fall within the applicable Class-I category inherit along with other Class-I heirs, subject to the specific facts and nature of the property.”In other words, when a Hindu daughter qualifies as a surviving Class-I heir, her marital status alone cannot be used to deny her inheritance.