Supreme Court judgment on daughters’ right to ancestral property

 



Daughters Have Coparcenery Rights Even If Their Father Was Not Alive When Hindu Succession (Amendment) Act, 2005 Came Into Force

The Supreme Court of India in a recent judgment has again backed the fact that the daughters cannot be deprived of their right of equality conferred upon them by Section 6 of the Hindu Succession Act, 1956. The judgment recognizes that in a coparcenary property, the daughters have an equal right. The Supreme Court also stated that since the right in coparcenary is by birth, it is not necessary that father coparcener should be living as on 9.9.2005.

The judgment was pronounced by Justice Arun Mishra in a Bench comprising of Justice S. Abdul Nazeer and Justice M.R. Shah as well.

In the operative part of the judgment, the Supreme Court observes that the provisions contained in substituted Section 6 of the Hindu Succession Act, 1956 confer the status of coparcener on the daughter born before or after amendment in the same manner as a son with same rights and liabilities.

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.

The Supreme Court also stated that the statutory fiction of partition created by proviso to Section 6 of the Hindu Succession Act, 1956 as originally enacted did not bring about the actual partition or disruption of coparcenary. The fiction was only for the purpose of ascertaining share of deceased coparcener when he was survived by a female heir, of Class-I as specified in the Schedule to the Act of 1956 or male relative of such female.

It was made clear by the Supreme Court that the provisions of the substituted Section 6 are required to be given full effect. Notwithstanding that a preliminary decree has been passed the daughters are to be given share in coparcenary equal to that of a son in pending proceedings for final decree or in an appeal.

click here to download the judgement 


Further to clear the basic doubt and understand the judgement do watch the video of the Learned Counsel and A.O.R. of Supreme Court of India Adv. Anita Bafna, link of the video is herein below.

Adv. Anita Bafna on daughter’s right in ancestral property part 1

To watch the video click here


Adv. Anita Bafna on daughter’s right in ancestral property part 2

To watch the video click here



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