EQUAL RIGHTS TO DAUGHTER IN COPARCENARY PROPERTY

EQUAL RIGHTS TO DAUGHTER IN COPARCENARY PROPERTY

The Hindu Succession Act gives daughters equal rights with sons and subjecting them to the same liabilities and disabilities same as that of a son. Both the son and daughter have the equal rights on the property. In a historic judgment of far-reaching consequences, the Honourable Supreme Court of India has again clarified that Hindu daughters have rights to coparcenary properties from their father’s side. In a Supreme Court ruling, after the amendment of Hindu law daughters can only claim their ancestral property right if ‘father’ died. The apex court has said that a daughter’s right to ancestral property does not arise if the father died before the amendment to Hindu law, which came into force in 2005. If the father died after the amendment of Hindu Law daughters can become a co-sharer in father’s ancestral property.

Notwithstanding anything contained in section 6 of Hindu Succession Act, 1956 Act—

(i) in a joint Hindu family governed by Mitakshara Law, the daughter of a coparcener shall by birth, become a coparcener in her own right in the same manner as the son and have the same rights in the coparcenary property as she would have had if she had been a son, inclusive of the right to claim by survivorship; and shall be subject to the same liabilities and disabilities in respect thereto as the son;

(ii) at a partition in such a joint Hindu family the coparcenary property shall be so divided as to allot to a daughter the same share as is allotable to a son:

Provided that the share which a pre-deceased son or a pre-deceased daughter would have got at the partition if he or she had been alive at the time of the partition shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter: Provided further that the share allotable to the pre-deceased child of a pre-deceased son or of a pre-deceased daughter, if such child had been alive at the time of the partition, shall be allotted to the child of such pre-deceased child of the pre-deceased son or of the pre-deceased daughter as the case may be;

(iii) any property to which a female Hindu becomes entitled by virtue of the provisions of clause (i) shall be held by her with the incidents of coparcenary ownership and shall be regarded, notwithstanding anything contained in this Act or any other law for the time being in force, as property capable of being disposed of by her by will or other testamentary disposition;

(iv) Nothing in clause (ii) shall apply to a daughter married prior to or to a partition which had been effected before the commencement of the Hindu Succession (Andhra Pradesh Amendment) Act, 1986.