Law
Daughters can inherit paternal property even if coparcener died before Hindu Succession (Amendment) Act: SC
New Delhi/IBNS: In a major judgement, the Supreme Court on Tuesday ruled daughters of a joint Hindu family have equal rights in inheriting paternal properties even if the coparcener died before the Hindu Succession (Amendment) Act, 2005, came into effect, media reports said.
A coparcener is a person who acquires a right in the ancestral property by birth and a person who has a right to demand partition in the HUF (Hindu Undivided Family) property.
A three-judge bench, headed by Justice Arun Mishra, passed the verdict while hearing a batch of pleas questioning whether the Hindu Succession (Amendment) Act, 2005, had a retrospective effect.
The concerned Act has given equal rights to daughters in inheriting the ancestral properties.
"Daughters must be given equal rights as sons, Daughter remains a loving daughter throughout life. The daughter shall remain a coparcener throughout life, irrespective of whether her father is alive or not," Justice Mishra said as quoted by Livelaw.
The top court bench has said the amendment to the Act is applicable to the living daughters of living coparceners as of Sept 9, 2005, Times Now reported.
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