The rights 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.
I am not able to understand the above point sir ,please give me explanation
Hello,
In the recent judgement of Vineeta Sharma v. Rakesh Sharma, the Supreme Court has clarified the position on the rights of daughters to claim shares in the joint family property. Before 2005, only sons could have their shares in the Hindu joint family property.
After the Hindu Succession (Amendment) Act, 2005, the daughters were also given equal share as that of a son as per Section 6 of the Hindu Succession Act. The date of commencement, of the Hindu Succession (Amendment) Act of 2005, is 9th September 2005.
Now, Section 6(1) of the amended act provides for a non obstante clause. For example, if the partition related to the property has already occurred and have been crystallized before 20th December 2004 then the daughters cannot claim share in the property as per the amended section. Already registered deed or partition before the said date cannot be disturbed just because now the daughter has right of share in the property.
However, if no partition, alienation or testamentary disposition has occurred before 20th December 2004 then the daughters have the right to claim equal shares as per the amended section. The date of 20th December 2004 was the date on which the bill related to amendments was presented in Rajya Sabha.
So, after 9th September,2005 daughters were given equal rights in the joint family property as that of the sons.
Hope this answers your query.
Regards
Parul
