The Supreme Court of India in a remarkable judgment held that a daughter coparcener would have an equal right to family property by birth or equal coparcenary rights in a HUF (Hindu Undivided Family) property irrespective of whether the father coparcener passed away after or before 09-09-2005, i.e the day when Parliament recognized this right by the amendment to the Hindu Succession Act, 1956. Let’s learn about the importance of the supreme court order on daughters right on father's property:
One Step Closer to Women EmancipationThis order is really helpful for all those women who don’t have enough economic resources and are often marginalized by their family’s male members. The fact that law, and not just a will, decide the property rights of women is important.
Consonance in the Constitutional SpiritThe verdict made it clear that gender can’t be grounds for refusing anyone their inheritance rights. This clarification by the court has eliminated male dominance over Hindu ancestral property.
Providing equal coparcenary rights to daughters aligns with the spirit of equality, under the Indian constitution’s Article 14.
End of Legal AmbiguityThe confusion about the law has been cleared by the verdict. Now, it is clear that the amendment to the Hindu Succession Act, 1956 which grants equal rights to daughters for inheriting the property of ancestors, would have a retrospective effect.
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Authors Of The Question
What's the supreme court order on daughters right on father's property?
Shweta
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3 Year
2021-08-17T16:28:17+00:00 2023-08-09T08:59:41+00:00Comment
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