New Delhi, August 12, 2020: The Supreme Court on August 11 held that daughters will have coparcenary rights on father’s property even if he died before the Hindu Succession (amendment) Act 2005 came into force.
The bench headed by Justice Arun Mishra was answering a reference based on conflicting decisions given by past verdicts of the top court. Although the amendment was applicable to Hindu daughters as coparceners who died after coming of the act, there was no clarity on whether it will have retrospective effect.
In 2016, the Supreme Court decided that such right will not be retrospective in Prakash v Phulwati case whiles in 2018 another bench of the court in Danamma v Amar held it to be retrospective.
Answering the reference, the bench said, “Daughters cannot be deprived of their right to equality conferred by Section 6 of the Act.”
“Daughter is always a loving daughter for the rest of their life,” Justice Mishra said.
The bench said that daughters will have the right over parental property even if the coparecenor had died prior to the coming into force of the Hindu Succession (Amendment) Act, 2005.
The amendment came into effect on September 9, 2005. The courts considered this as cut-off date to decide please by daughters seeking equal rights as coparcerners as sons in their father’s estate.
The bench further directed that matters pending in trial courts on this issue be decided in six months.
https://www.hindustantimes.com/india-news/daughters-have-equal-rights-to-ancestral-property-even-if-father-died-before-2005-hindu-law-amendment-sc/story-WIJ3k02QdwzPiWgMVUjftN.html