Saeed Rahim Sayyed 27 July 2019
siddeswaran k 27 December 2021
Kawmini Liyanage 29 December 2021
Application of Hindu Law comes into action in the absence of a Last Will of the owner of the property. Therefore, assuming that the property in question has been left intestate, the following answer will be provided.
According to The Hindu Succession Act of 1956. And its amendment of 2005
"Section 6(1) ...daughter of a coparcener shall,
(a) by birth become a coparcener in her own right in the same manner as the son;
(b) have the same rights in the coparcenary property as she would have had if she had been a son.."
Therefore, a daughter has equal rights to property as similar to a son of the family.
The Supreme Court decision in Vineeta Sharma vs. Rakesh Sharma and others. (Civil Appeal no 32601 of 2018) creates Stare decisis for daughters to equal rights for the inheritance of coparcenary property.
Moreover, application to a self-acquired property is similar to the above-mentioned criteria.