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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 were entitled only to a share of their father’s inheritance and weren’t independent coparceners like sons. From September 9, 2005, daughters living or born to any coparcener of a joint family were deemed to be a coparcener and would be conferred equal rights and liabilities under the law. 


A bench of Justice Arun Mishra, Justice S Abdul Nazeer and Justice MR Shah held that the provisions contained in substituted Section 6 of the Hindu Succession Act, 1956 confer status of coparcener on the daughter born before or after amendment in the same manner as son with same rights and liabilities.


The Apex Court held that the  rights can be claimed by the daughter born earlier with effect from 9.9.2005 with savings as provided in Section 6(1) as to the disposition or alienation, partition or testamentary disposition which had taken place before 20th day of December, 2004.

Three judge bench also held  that, since the right in coparcenary is by birth, it is not necessary that father coparcener should be living as on 9.9.2005.

 



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