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Sujata Dali   12 March 2021

Hindu succession act 1956

Do daughters born before 1956 have right to coparcenary property? What sort of rights they can have? 



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 2 Replies

Advocate Bhartesh goyal (advocate)     12 March 2021

Daughters born before 1956 or after 1956 is now immaterial. S.C has rulled in 2020 that daughters  have a right in ancestral property..

aditi srivastava   27 March 2021

respected ma'am

Equality reaffirmed by the Supreme Court in a recent judgement delivered on August 11, 2020. It has been held that a daughter will have a share under the Hindu Succession (Amendment) Act, 2005, irrespective of whether her father was alive or not at the time of the amendment. the name of the case was Vineeta Sharma VS Rakesh Sharma. Generally, in India, inheritance benefits are passed on to the sons / male members leaving daughters with no rights on the ancestral family wealth. It is worthwhile to note that judgement entails daughter to remain a coparcener* (section 6 of the Act) throughout the life irrespective of father being alive. No second thought that this judgement now overrides / over rules all the previous contradictory judgements passed.

Daughters have to be given equal share of coparcenary rights in share of property like the son.

Though the rights can be claimed, w.e.f. 9.9.2005, the provisions are of retroactive application; they confer benefits based on the antecedent event, and the Mitakshara coparcenary law shall be deemed to include a reference to a daughter as a coparcener.

The provisions contained in substituted Section 6 of the Hindu Succession Act, 1956 confer status of coparcener on the daughter born before or after amendment in the same manner as son with same rights and liabilities.

hope you find this helpful

regards


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