The daughters cannot be deprived of their right of equality conferred upon them by Section 6 of Hindu Succession Act, 1956 [See 2020 Legal Eagle 480]

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Tuesday, 11.8.2020

The Supreme Court today held that daughters would have equal coparcenery rights in Hindu Undivided Family (HUF) properties even if they were born before the 2005 amendment to the Hindu Succession Act, 1956 and regardless of whethertheir father coparcener had died before the amendment. (Vineeta Sharma v. Rakesh Sharma).

In effect, the Court has ruled that the 2005 amendment would have retroactive effect in conferring rights on daughters who were alive at the time of the amendment, even if they were born prior to it.

A three-Judge Bench of Justices Arun Mishra, S Abdul Nazeer and MR Shah passed the verdict in a reference that was made in appeals raising the issue of whether the amendment to the Act granting equal rights to daughters to inherit ancestral property would have retrospective effect.

Recognizing the importance of conferring equal rights on daughters and sons, Justice Mishra, while reading out the operative part of the judgment on this reference said,

"Daughters have to be given equal share of coparcenary rights in share of property like the son."

The Court has stressed that the coparcenery rights are acquired by a daughter at birth regardless of whether the daughter was born before or after the amendment to the Act was effected. By virtue of acquiring this right at birth, it is not necessary for the father coparcener to have been alive at the time of the 2005 amendment, the Court has further clarified.

12 Aug 2020