Daughter entitled to equal property rights even if father died before 2005 law came into force: Supreme Court
New Delhi | Jagran News Desk: In a landmark judgment, the Supreme Court on Tuesday said that a daughter is entitled to equal property rights even if the coparcener had died prior to the coming into force of the Hindu Succession (Amendment) Act, 2005.
Settling the disputed question of law, a three-judge bench headed by Justice Arun Mishra ruled in favour of rights of daughters to have a share in a Hindu Undivided Family (HUF) 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.
It held that a daughter, living or dead, as on the date of the amendment, shall be entitled to a share in her father’s property. It means that even if the daughter was not alive on the date of the amendment, her children could claim their rightful portion.
The verdict sets aside the series of previous judgments by the top court that she would have the coparcenary right only if both the father and the daughter were alive as on September 9, 2005 when the amendment was notified.
In November 2015, the court had said that a daughter's right to ancestral property does not arise if the father died before the amendment to Hindu law came into force in 2005.
On September 9, 2005 the landmark amendment to The Hindu Succession Act of 1956, which originally denied women the right to inherit ancestral property ruled that a Hindu woman or a girl will have equal property rights along with her male relatives for any partition made in ancestral property.
Earlier, women could only ask for sustenance from a joint Hindu family. The only restriction in force after the passage of this amendment was that women could not ask for a share if the property had been alienated or partitioned before December 20, 2004, the date the Bill was introduced. But now the Supreme Court has added this new restriction.
Posted By: Abhinav Gupta