Daughters have Coparcenary Rights on the property of their parents

Recently, the Supreme Court reported that daughters have coparcenary rights on the property of their parents even if the latter died before the Hindu Succession (Amendment) Act, 2005 came into force.

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Key-Points

A bench of the apex court, headed by Justice Arun Mishra reported that a daughter is entitled to equal property rights under the amended Hindu Succession Act and that the law would have retrospective effects.

The bench also reported that daughters will have the right over parental property even if the coparcenaryhad died prior to the coming into force of the Hindu Succession (Amendment) Act, 2005.

The top court passed the order on a batch of pleas that raised a legal question whether the amendment in the Act giving daughters equal rights to inherit ancestral property has retrospective effects.

Hindu Succession (Amendment) Act, 2005

The Hindu Succession (Amendment) Act, 2005, an amendment to the Hindu Succession Act, 1956, received the assent from President of India on 5 September 2005 and was given effect from 9 September 2005.

It was essentially meant for removing gender discriminatory provisions regarding property rights in the Hindu Succession Act, 1956.

It was a revolutionary step in the field of Indian legislation regarding rights of women in India.

The amendment has tremendously balanced the property rights of male and female siblings.