Daughters are Entitled to have Equal Coparcenary Rights Even if Born Prior to Hindu Succession Amendment Act (2005)

In Vineeta Sharama v. Rakesh Sharma, the Supreme Court rectified its mistake in Prakash v. Phulavati, where it had held that, “the rights under the amendment are applicable to living daughters of living coparceners as on 9-09-2005 irrespective of when such daughters are born”. This precisely means that the daughters cannot ask for equal rights if the coparcener died before the 2005 amendment to the Hindu Succession Act, 1950.

In the present case the Court held that “[d]aughters have to be given equal rights equal share of coparcenary rights in share of property like the son”. The Court held that the rights of the coparcener is by birth and that right cannot be taken away on the basis of whether the father is alive or not. The Court also mentioned that imposing such conditions on coparcener will be against the spirit of the 2005 amendment. The Court has also urged all lower Courts to decide upon all the pending matters related to this in the next six months. This was a very important judgment and there was a dire need for the same in Order to achieve the object of 2005 amendment, which was brought in Order to quash patriarchal notions in the society and to ensure gender justice and equality.

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Kirit P. Mehta School of Law Publications