Daughters have equal coparcenary rights in joint Hindu family property: Supreme Court

Team SoOLEGAL 13 Aug 2020 4:03pm

Daughters have equal coparcenary rights in joint Hindu family property: Supreme Court

On Tuesday, August 11, 2020 Supreme Court held that daughters of Joint Hindu Family will have equal coparcenary rights just like the sons even if the father died, before Hindu Succession Amendment Act, 2005 came into force.


Justice Arun Mishra, Justice S. Nazeer and Justice M.R. Shah were of the view that substituted by Section 6 of the Hindu Succession Act, 1956, the provisions confer the status of coparcener on a daughter born before or after an amendment in the same way as a son with the same rights and obligations.


The Court held that daughters can claim their rights who were born earlier with effect from September 9, 2005 as provided in Section 6(1) of Hindu Succession Amendment Act, 2005 as to the disposition or alienation, partition or testamentary disposition which had taken place before December 20, 2004.


The Supreme Court is of the view that there are many cases which are pending before High Courts and various subordinate courts because of this particular legal complexity.

The Court is also of the view that even if the daughter is dead then also she will be entitled to get a share of her father’s property. This particular amendment also enables the daughter to enjoy the same rights as the son.


The bench has also quoted that "Once a daughter, always a daughter... a son is a son till he is married thereafter making it clear that a daughter has a right in family property since the time she is born.


Thus the Court held that daughters cannot be held back from their right of equality and also advised the other Courts to decide all the pending matters as fast as possible within the next six months.   


Tagged: equal coparcenary rights   Hindu family   Supreme Court   Hindu Succession Amendment Act   Justice Arun Mishra   Justice S. Nazeer   Justice M.R. Shah   Hindu Succession Act   amendment  
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