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Equal Inheritance Right to Daughters in Ancestral Property

Submitted by asandil on Sat, 09/05/2020 - 20:27

In the year 2005, parliament amended the hindu succession Act. It governs on division of property among undevided family.  Daughters are being allowed to have equal rights as son. They were made coparcener  in the ancestral property. (Who is coparcener? Ans: A coparcener shares with others inheritance in the estate of a common ancestor.)
Now the confusion whether this change comes into effect after sept 9 2005 or cases before that. Here supreme court has clarified that it does apply to the cases from before.

Followings are major findings by supreme court:

Section 6 of Hindu consession act confer status of coparcener to a daughter born before or after amendment in same manner as son. Now all the women has rights on ancestral property like brothers do irrespective of their birth date.

Rights can be claimed by daughter for partition which has taken place before 20, Dec 2004. Father of the coparcener need not be alive as on sept 9 2005. Now any case can technically come under this and fresh case can be made.

Daughters to be given share equal to that of son in pending proceedings or in an appeal. Plea of oral partition cannt be accepted based on oral evidence alone. All the pending matters to be decided within six months.

Importance of Daughter's Death Date on Right
Death Date  Right Status
Before 9th Sep 2005  No
On 9th Sep 2005  Yes
 After 9th Sep 2005  Yes

Another aspect,  The Hindu Succession Act (amendment) 2005 does not have a retrospective effect. Although a female is entitled to have a share in the coparcenary property irrespective of her year of birth, but the year of death of the father has a paramount importance to determine whether the female/daughter has a right in the coparcenary property. Thus, if the father died before the amendment came into being, the daughter shall not receive the right/share by virtue of merely being born in the coparcenary.

We have very few cases where daughters of the family went to court and challanged rights on ancestral properties. It will take a lot of cultral changes in society but if a daughter chose to do so, now this law will back them.