New Delhi (NVI): Delivering yet another landmark judgement, the Supreme Court (SC) today held that daughters will have coparcenary rights on father’s property even if he died before the Hindu Succession (amendment) Act, 2005, came into force.
In effect, SC has ruled that the 2005 amendment would have retrospective effect in conferring rights on daughters who were alive at the time of the amendment, even if they were born prior to it.
A three-Judge Bench of Justices Arun Mishra, S Abdul Nazeer and MR Shah was answering a reference based on conflicting decisions given by past verdicts of the top court.
Answering the reference, the bench said, “Daughters cannot be deprived of their right to equality conferred by Section 6 of the Act.”
The bench further said that daughters will have the right over parental property even if the coparcenor had died prior to the coming into force of the Hindu Succession (Amendment) Act, 2005.
The apex court’s clarification is significant since it sets aside a clutch of previous decisions by the top court that a daughter would have the coparcenary right only if both the father and the daughter were alive as on September 9, 2005, when the amendment was notified to the Hindu Succession Act.
“Daughter is always a loving daughter for the rest of their life,” Justice Mishra said.
The bench further directed that matters pending in trial courts on this issue be decided in six months.
-CHK
