Equal right for women

Querist : Anonymous (Querist) 14 October 2011 This query is : Resolved
Dear Sir,

A recent article stated -

A bench of justices R. M. Lodha and Jagdish Singh Khehar in a judgment said that under the Hindu Succession (Amendment) Act, 2005, the daughters are entitled to equal inheritance rights along with other male siblings, which was not available to them prior to the amendment.

I understand this is applicable only in case the Father is alive at the time of the amendment came in - ie Father has to be alive in the year -
1986 for Andhra
1990 for Karnataka
1994 for Maharashtra.

The logic being that - The fact that this is applicable only to Joint families and that a daughter is only a member of the family till her marriage or the death of the father, which ever is earlier.

Your opinion will be appreciated.

Thanks.

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M.Sheik Mohammed Ali (Expert) 14 October 2011
what ever, the female have rights in all the share whether married or not, if partition made then other legal heirs provide share.

prabhakar singh (Expert) 15 October 2011
It would be misconception of one if one think
Amendment has any concern with joint hindu family.

It should be realized in its true legal import that a joint hindu family is not creature of law but of act of parties.

Quite in contrast a COPARCENARY is creature of LAW ,ONE CAN NOT CREATE IT BY AGREEMENT.

THEN THE AMENDMENT BROUGHT IN 2005 ONLY EXTENDS THE COPARCENARY FORMATION OF MALES
TO FEMALES ALSO REMOVING THE GENDER BIASES. .

Querist : Anonymous (Querist) 17 October 2011
Do we then infer that if the Father has died before the respective State Amendment, the daughters of these fathers would not be eligible to claim Coparcenery Rights?

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