Daughter to have equal property rights under Hindu Succession Act

The Supreme Court on Tuesday has delivered yet another landmark judgement and ruled that daughters will have a right over the parental property in accordance with the 2005 amendment in the Hindu Succession Act.

The Apex court has ruled that the 2005 amendment will have retrospective effect in conferring rights on daughters who were alive at the time of the amendment, even if they were born prior to it.

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Pronouncing the verdict, Justice Mishra recognizing the importance of conferring equal rights on daughters and sons and said that the daughter shall remain a coparcener throughout life, irrespective of whether her father is alive or not.

A three judge bench comprising Justice Arun Mishra, S Abdul Nazeer and MR Shah pronounced the judgment in a batch of appeals that raised an important legal issue in the Hindu Succession (Amendment).

Identifying the importance of giving equal rights on daughters and sons, Justice Mishra said,"Daughters have to be given equal share of coparcenary rights in share of property like the son."
An issue raised before the Supreme Court whether a daughter could be denied her share on the ground that she were born prior to the enactment of the Act and, therefore, cannot be treated as coparcener?

Last year, in a landmark judgment that will be benefiting millions of women and their children, the Supreme Court has held that a 2005 law that made the daughters equal to the sons in claiming right in their father’s property will have retrospective effect in case of daughters born prior to the law coming into force on September 9, 2005.

The 2005 amendment to the Hindu Succession Act did not provide its retrospective operation. A Bench of Justices A K Sikri and Ashok Bhushan ruled that “sons and daughters of a coparcener become coparceners by virtue of birth” and as such the amendment gives all Hindu women, irrespective of birth date, share in father’s property.

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