The Supreme Court has given a big decision in favor of daughters. According to the order, now the daughter will also have an equal share in the father's property. The Supreme Court made it clear that even if the father died before the Hindu Succession (Amendment) Act was enacted in 2005, the daughter would be entitled to equality.
Supreme Court Justice Arun Mishra said in the judgment, "Daughters should also get equal rights like sons. Daughter is a sweet daughter. The daughter will always be a co-partner, whether her father is alive or not. "The three-judge bench heard several petitions in the case. The petition stated whether the amended law gave daughters equal rights in succession.
What was the Hindu Succession Law?
The Hindu Succession Act 1956 was enacted. It was only by this law that women's property rights, the right to inheritance in a joint Hindu family, were recognized. However, even then the daughter was not given the status of co-operative (coparsner).
What changed in 2005?
In 2005, Parliament amended section 6 of the Hindu Succession Act 1956. Recognized daughters as co-operatives (coparsner) with one son. Through this, women were given equal status according to the constitution. The Hindu Succession (Amendment) Act came into force on 9 September 2005. The Parliament admitted that they were being discriminated against by not making daughters co-operative.
Why was there a dispute over Koparsner?
According to the Hindu Undivided Family (HUF), the Koparsner is one who is born into the family. The daughter-in-law or wife does not fit this definition. They are members of the family, but not the coparcener.
Two methods on inheritance of ancestral property
Mitakshara and Dibhash are based on two methods of Hindu law in India. The scope is limited to most parts of the country. The main difference between the two is about the succession and joint family system. Mitakshara recognizes two methods of devolution of property, Survivorship and Succession. The law of survival applies to joint family property and the rules of succession apply to separate property owned by the deceased. The scope recognizes only one succession.