Daughter’s right to property under The Hindu Sucession Act 1956
Summary- In this post we will discuss about the recent landmark judgment of The Supreme Court in which it stated that daughter’s rights are absolute after the amendment and that she would have the right of inheritance irrespective of whether the father was alive at the time of the amendment or not.
Once a daughter, always a daughter says SC on Hindu inheritance law in this post we will be discussing the SC judgment on a landmark case where the SC quoted the statement that a son is a son until he gets a wife and A daughter is a daughter throughout her life.”
A daughter is a daughter throughout her life: SC
The question arose out of the contradicting rulings in 2016 and 2018 with regard to interpretation of Section 6 of the Hindu Sucession Act, 1956 that was later amended in 2005.
Rights under the amendment are applicable to living daughter of living coparceners as on September 9 2005 irrespective of when such daughters were born, a three judge Bench of the Supreme Court said.
Coparcenaries property is one which is inherited by a Hindu from his/her father, grandfather or great-grandfather.
- Women were recognized as coparceners or joint legal heirs for partition arising from 2005. Section 6 of the Act was amended that year to make a daughter of a coparcener also a coparcener by birth “in her own right in the same manner as the son”. The law also gave the daughter the same rights
and liabilities “in the coparcenary property as she would have had if she had been a son”.
- Coparcenary property is one which is inherited by a Hindu from his/her father, grandfather or great-grandfather.
A coparcener is one who shares equally in the inheritance of an undivided property. This remark by the court came when it was hearing a batch of appeals that raised the issue of ancestral property inheritance ruled in favor of rights of daughters to have a share in a Hindu Undivided Family property.
The court held that daughters’ rights are absolute after the amendment and that she would have the right of inheritance irrespective of whether the father was alive at the time of the amendment or not. “Daughters cannot be deprived of their right to equality conferred by Section 6 of the Act.
Justice Mishra quoted a common saying noted in a 1996 judgment of the SC to sum up the bench’s view towards daughters, “A son is a son until he gets a wife. A daughter is a daughter throughout her life.”
Daughters must be given equal rights as sons, Daughter remains a loving daughter throughout life. The daughter shall remain a coparcener throughout life, irrespective of whether her father is alive or not”, the Bench said.
This post was written by Bharti Verma.
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