Hindu Succession (Amendment) Act 2005: If sons can, why not daughters?
The Supreme Court on August 11 said in its order that a daughter is entitled to equal property rights under the amended Hindu Succession Act.
The Court also said that daughters will have the right over parental property even if the coparcener had died prior to the coming into force of the Hindu Succession (Amendment) Act, 2005.
The bench headed by Justice Arun Mishra was answering a reference based on conflicting decisions given by past verdicts of the top court.
Although the amendment was applicable to Hindu daughters as coparceners who died after coming of the act, there was no clarity on whether it will have retrospective effect.
“Daughters cannot be deprived of their right to equality conferred by Section 6 of the Act,” the bench said, adding that all matters pending in trial courts on this issue be decided in six months.
“Daughter is always a loving daughter for the rest of their life,” Justice Mishra said.