Lawstreet Journal

“The Daughter Shall Remain A Coparcener Throughout Life, Irrespective of Whether Her Father Is Alive or Not"- SC in a Dispute Concerning Daughter’s Say in Her Parental Property [READ JUDGMENT]

Lawstreet Journal 12 Aug 2020 6:03pm

Image courtesy: Lawstreet Journal Judiciary “The Daughter Shall Remain A Coparcener Throughout Life, Irrespective of Whether Her Father Is Alive or Not"- SC in a Dispute Concerning Daughter’s Say in Her Parental Property [READ JUDGMENT]

In a landmark judgment, the Supreme Court on Tuesday (August 11,2020) ruled that a daughter will have equal rights as sons under the Hindu Succession (Amendment) Act, 2005, irrespective of whether the father was alive or not at the time of the amendment. A three-judge bench headed by Justice Arun Mishra pronounced the judgment on a batch of appeals that raised an important legal issue whether the 2005 amendment, which gave equal right to daughter in ancestral property, has a retrospective effect.

While overruling the contrary judgments made in Prakash vs. Phulavati and Mangammal vs. T.B. Raju, the court held, “Daughters must be given equal rights as sons…The daughter shall remain a coparcener throughout life, irrespective of whether her father is alive or not". The bench also ruled that “rights under the amendment are applicable to living daughters of living coparceners as on 9-9-2005, irrespective of when such daughters are born”.

This judgment came in an appeal filed against the Delhi High Court judgment where the court had noticed a conflict of opinion between Prakash vs. Phulavati, (2016) and Danamma @ Suman Surpur vs. Amar, (2018) with regard to the interpretation of Section 6 of the Hindu Succession Act, 1956 as amended by Hindu Succession (Amendment) Act of 2005. In the former case, the court held that there is neither any express provision for giving retrospective effect to the amended provision nor necessary intendment to that effect, whereas, in the case of Danamma @ Suman Surpur vs. Amar, the court observed that,… Continue Reading...


Tagged: Supreme Court of India  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0
Featured Members view all

New Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.