New Delhi, August 11
Holding that daughters can’t be disadvantaged of their proper of equality, the Supreme Court Tuesday dominated that they are going to have equal coparcenary rights in joint Hindu household property even when the daddy died earlier than the Hindu Succession (Amendment) Act 2005.
A 3-judge bench of Justices Arun Mishra, S Nazeer and M R Shah mentioned the provisions contained in substituted Section 6 of the Hindu Succession Act, 1956, confer the standing of coparcener on the daughter born earlier than or after modification in the identical method as a son with the identical rights and liabilities.
Coparcener is a time period used for an individual who assumes a authorized proper in parental property by delivery solely.
The Bench mentioned, “the rights can be claimed by the daughter born earlier with effect from September 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 December 20, 2004. Since the right in coparcenary is by birth, it is not necessary that father coparcener should be living as on September 9, 2005.”
The verdict makes it clear the modification to the Hindu Succession Act, 1956, granting equal rights to daughters to inherit ancestral property would have retrospective impact.
The apex court docket mentioned the appeals on the problem had been pending earlier than totally different High Courts and subordinate courts and the issues have already been delayed on account of authorized imbroglio attributable to conflicting choices.
“The daughters cannot be deprived of their right of equality conferred upon them by Section 6. Hence, we request that the pending matters be decided, as far as possible, within six months,” the bench mentioned.
The apex court docket’s verdict got here on the problem whether or not the modification to the Hindu Succession Act, 1956 granting equal rights to daughters to inherit ancestral property would have retrospective impact. PTI