'A Son Is A Son Till...': Top Court Backs Daughter's Right To Property

The highest court docket was listening to a batch of appeals that raised the problem.

New Delhi:

A lady can declare equal share in household property as a daughter, the Supreme Court docket reiterated at this time because it burdened that the Hindu Succession Act – that was amended in 2005 to provide ladies equal inheritance rights – can have a retrospective impact.

A 3-judge bench, headed by Justice Arun Kumar Mishra, at this time mentioned, “As soon as a daughter, all the time a daughter… a son is a son until he’s married. The daughter shall stay a coparcener (one who shares equally with others in inheritance of an undivided joint household property) all through life, no matter whether or not her father is alive or not.”

The query that urged the highest court docket to make the remarks at this time was: “Does the Hindu Succession (Modification) Act, 2005, which gave equal proper to daughters in ancestral property, has a retrospective impact ?” 

The highest court docket was listening to a batch of appeals that raised the problem.

The query arose out of the highest court docket’s contradicting rulings in 2016 and 2018 almost about interpretation of Part 6 of the Hindu Succession Act, 1956, which was later amended in 2005.

In 2018, the court docket had re-affirmed {that a} daughter “by delivery turn out to be a coparcener in her personal proper in the identical method because the son.”

The court docket at this time mentioned a girl may have an equal share in undivided household property no matter whether or not her father was alive when the regulation was amended in 2005 or not, stressing that the regulation has a retrospective impact.

In 2005, the modification did not present a retrospective operation. “Little kids of a coparcener turn out to be coparceners by advantage of delivery,” in response to the modification. 


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