Once a daughter, always a daughter says SC on Hindu inheritance law
New Delhi, Aug 11: In a path breaking judgment, the Supreme Court has said that daughters have a share in after the Hindu Succession (Amendment) Act 2005, irrespective of whether the father was alive or not at the time of the amendment.
Rights under the amendment are applicable to living daughter of living coparceners as on September 9 2005 irrespective of when such daughters were born, a three judge Bench of the Supreme Court said.
"Daughters must be given equal rights as sons, Daughter remains a loving daughter throughout life. The daughter shall remain a coparcener throughout life, irrespective of whether her father is alive or not", the Bench said.
The question arose out of the contradicting rulings in 2016 and 2018 with regard to interpretation of Section 6 of the Hindu Sucession Act, 1956 that was later amended in 2005.
In 2018, the court had said that a daughter by birth becomes a coparcener in her own right in the same manner as the son. Today the court said that a woman will have an equal share in the undivided family property regardless off whether her father was alive when the law was amended in 2005 or not. The court stressed that the law has a retrospective effect.
The 2005 amendment did not provide a retrospective option. Sons and daughters of a coparcener become coparceners by virtue of birth the amendment had said.