Daughters Have Coparcenary Rights Even If Their Father Was Not Alive When Hindu Succession (Amendment) Act, 2005 Came Into Force: SC. “Vineeta Sharma v Rakesh Sharma.” - Synopsis
Nilanjana Ganguly 8 Jan 2021

Significantly, the Supreme Court ruled that since the Hindu Succession Act (Amendment) 2005 a daughter would hold a stake regardless of whether or not her father was alive when the amendment took effect. The bench, led by Justice Arun Mishra, gave the judgement in a batch of appeals that posed an important legal question as to whether the Hindu Succession (Amendment) Act, 2005, which provided equal rights to daughters in ancestral land, has a retrospective impact.

The daughter remains a loving daughter throughout all lifespan, regardless of whether her father has been alive and not. Daughters must be given equal rights as sons. The daughter shall remain a coparcener throughout life, irrespective of whether her father is alive. The bench, also consisting of Justice S. Abdul Nazeer and Justice MR Shah, overruled the opposite observations made in Prakash v. Phulavati and Mangammal v. T.B. Raju. CIVIL APPEAL NO. 1933 OF 2009.


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