In a historic judgement by Supreme Court of India had held that a daughter could claim an equal share in the parental property irrespective of when she was born and if her father was alive or not at the time of the 2005 amendment to the Hindu Succession Act.
A three-judge bench of Justices Arun Mishra, S Abdul Nazeer and MR Shah pronounced the judgement. This judgement is considered as significant because it sets aside a clutch of earlier decisions by the Supreme Court that explained daughters could have coparcenary right only if both the father and the daughter were alive as on September 9, 2005, when the amendment was notified.
While providing the judgement, Justice Mishra said, “Daughters must be given equal rights as sons, Daughter remains a loving daughter throughout life. The daughter shall remain a coparcener throughout life, irrespective of whether her father is alive or not”. The bench also overruled the contrary observations made in Prakash V. Phulavati and Mangammal v. T.B. Raju case.
The provisions contained in substitute Section 6 of the Hindu Succession Act, 1956 confer the status of coparcener on the daughter born before or after amendment in the same manner as a son with equal rights and liabilities.
The reasons can be claimed by the daughter born earlier with effect from 9.9.2005 with savings as provided in Section 6(1) as to the disposition or alienation, partition or testamentary disposition which had taken place before 20th day of December 2004.
The judges asked the concerned lower courts to dispose of all the cases within six month, where several matters remained pending due to the top court judgement. The judgement is being considered as one step closer to gender equality and equal rights for all.
Written By – Shilpa Dey
Image Source – Google