A woman can claim equal share in family property as a daughter, the Supreme Court reiterated today as it stressed that the Hindu Succession Act - that was amended in 2005 to give women equal inheritance rights - can have a retrospective effect. The Hindu Succession Act, which was amended in 2005, gives daughters equal rights in their ancestral assets. The SC on Tuesday said a daughter can claim equal share in family property irrespective of whether her father was alive or not at the time of the amendment.
“Daughters will have coparcenery rights even if their father was not alive when the Hindu Succession (Amendment) Act,” a three-judge bench, headed by Justice Arun Mishra, said on Tuesday. A coparcener is the one who shares equally in the inheritance of an undivided property.
“Once a daughter, always a daughter. A son is a son till he is married. The daughter shall remain a coparcener throughout life, irrespective of whether her father is alive or not," Justice Arun Mishra said as he pronounced the landmark judgment.
The remarks by the Supreme Court were made on Tuesday as it was hearing a batch of appeals that raised the issue of ancestral property inheritance. The pleas raised question if the Hindu Succession (Amendment) Act, 2005 has a retrospective effect. Read More...
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