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Showing posts from September, 2020

Daughters have equal birthright to inherit property: Supreme Court

DAUGHTERS HAVE EQUAL BIRTHRIGHT TO INHERIT PROPERTY The amendment to the  Section 6 of Hindu Succession Act ,  1956 , which came into force from September 9, 2005 as  Hindu Succession (Amendment) Act, 2005 , conferred the status of  “ coparcener ”  to a daughter born before or after the amendment in the same manner as a son.  After this, an issue was raised regarding the retrospective effect of the amendment, means, whether this amendment is effective if the parent/father died before it has come into force. In a landmark judgement, the Supreme Court ruled that as per the Hindu Succession (Amendment)Act, 2005  daughters would have equal Coparcenary rights in Hindu Undivided Family properties even if they were born before the 2005 amendment to the  Hindu Succession Act, 1956   and regardless of whether their father coparcener had died before the amendment,  i.e. it would have  retrospective effect . Before the amendment, daughters wer...