SC Gives Equal Inheritance Rightsto Daughters From 1956

  • 12 Aug 2020

  • The Supreme Court on 11th August clarified that daughters would have equal share in a Hindu Undivided Family (HUF) property, irrespective of whether the father was alive or not on 9 September, 2005, the date when the amendment of The Hindu Succession Act, 1956 was notified.

Why this Clarification?

  • The Hindu Succession (Amendment) Act 2005 provided rights at par with sons to daughters in ancestral property.
  • But, a bunch of appeals had raised a question of law whether “a daughter of a coparcener (is a person who shares equally with others in the inheritance of an undivided estate or in the rights to it) shall by birth become a coparcener in her own right in the same manner as the son," meaning the daughter would have the same right as the son since birth or only after the amendment to the act was made and can be denied the legal right if born before the enactment of the amendment.