Daughters have equal rights as son in parental property under Hindu Succession Act, rules Supreme Court

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August 11, 2020 2:26 PM

The Supreme Court has ruled that daughters have equal right as sons in the parental property.

Daughters have right in parental property, rules Supreme Court.

In a landmark judgment, the Supreme Court on Tuesday ruled that daughters have a right in the parental property. A three-judge bench headed by Justice Arun Mishra said daughters have the right irrespective of whether a girl’s father was alive or not at the time of the 2005 amendment to the Hindu Succession Act, in 2005.

The Supreme Court’s order settles a dispute over a daughter’s say in her parental property.

The apex court’s clarification is significant since it set aside a clutch of previous decisions by the top court that she would have the coparcenary right only if both the father and the daughter were alive as on September 9, 2005 when the amendment was notified to the Hindu Succession Act.

“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,” Justice Arun Mishra said while delivering the judgment.

The SC’s judgment came on a batch of appeals that raised a legal issue whether the Hindu Succession (Amendment) Act, 2005, which gave equal right to daughter in ancestral property, has a retrospective effect.

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