Hindu daughter has equal right in property: SC

‘EVEN IF FATHER DIED BEFORE NEW LAW’

NEWDELHI: The Supreme Court, on Tuesday, gave Hindu daughters their rightful due of their father’s property by extending the scope of a beneficial legislation introduced in 2005 to cases where the father was not alive on the date when the law was introduced.

A three-judge bench headed by justice Arun Mishra ruled that the 2005 law, which amended the Hindu Succession Act, 1956, to say a daughter would have the same rights as the son, would also apply irrespective of whether she was born before or after the amendment. Further, it ruled that she could not be denied her share on the ground that her father died before the law came into effect. Tuesday’s ruling makes the 2005 amendment retrospective.

“The provisions contained in substituted section 6 of the Hindu Succession Act confer status of coparcener (equal shareholders while inheriting properties) on the daughter born before or after amendment in the same manner as son with same rights and liabilities. Since the right in coparcenary is by birth, it is not necessary that father coparcener should be living as on September 9, 2005 (the date when the law came into force),” the bench, which also comprised justices S Abdul Nazeer and MR Shah, ruled. To ensure that this decision does not lead to reopening of earlier family settlements or partition suits already decided on, the three-judge bench held that a registered settlement or partition suit decreed prior to December 20, 2004 (the date when the amendment Bill was tabled in Rajya Sabha), will not be reopened. The bench said: “Daughters cannot be deprived of their right of equality conferred upon them by Section 6 of the Amendment Act.”

TOP COURT’S ORDER

The Supreme Court ruled on Tuesday that the 2005 amendment to the Hindu Succession Act – which says that a daughter has the same rights as the son in inheriting father’s property – can be applied in retrospect

WHAT IT MEANS

Tuesday’s ruling means law would apply irrespective of whether the daughter was born before or after the 2005 amendment

SC also said that the daughter cannot be denied her share of property on the ground that her father died before the law came into effect

“Daughters cannot be deprived of their right of equality conferred upon them by Section 6 of the Amendment Act.”

- SC bench headed by justice

Arun

Mishra