Equal Inheritance Right to Daughters: Supreme Court Announcement

1. Equal Inheritance Right to Daughters: Supreme Court Announcement NEW DELHI: On Tuesday, the Supreme Court in a landmark judgment cleared the legal cobwebs to declare that daughters will have inheritance rights that will be equal to those of sons from properties of fathers, grandfathers, and great-grandfathers right from the codification of the law in 1956. This puts the last nail on male primacy in division of the Hindu ancestral property. The confusion that arose from the apex court’s conflicting interpretations of the amended Section 6 of the Hindu Succession Act, which came into force from September 9, 2005, was ironed out by the bench of Justices that include Arun Mishra, S Abdul Nazeer, and M R Shah. The bench further stated that whether the father was alive or not, all the daughters born before September 9, 2005, too could claim equal rights in inheritance. In addition to that, it was stated that “The provisions accommodated in substituted Section 6 of the Hindu Succession Act, 1956, confer the status of coparcener (equal rights in inheritance) on the daughters who’re born before or after amendment in the same manner as a son with same rights and liabilities. Justice Mishra said in the 121-page judgment that, ‘the rights can be claimed by the daughter who is born earlier with effect from September 9, 2005.’ The Times View Review “The equality of sexes is a fundamental principle of any modern, progressive society and state. The apex court judgment will rectify a discriminatory social practice. The decision needs to be welcomed. Better late than never!” As provided in the amended Section 6, it was said that daughters while claiming coparcenary rights, would not be able to question disposal or alienation of ancestral properties by the existing coparceners prior to December 20, 2004. At the same time, the court also asked other coparceners in a Hindu joint family not to be alarmed by this judgment. The Supreme Court said that “This is only a

2. case of enlargement of the rights of daughters. And the rights of other relatives shall remain unaffected as prevailed in the provision to Section 6 as it stood before the amendment,” Along with that, the three-judge bench also examined the retrospective application of Section 6 and ruled that daughters would get the rights from 1956 when the law came into being. However, all of this clarified that the newly-conferred rights through the judicial interpretations will not be available to reopen the alienation of ancestral property that is done earlier through all the existing coparceners. What is Coparcenary property? Coparcenary property is basically the one that is inherited by a Hindu from his/her father, grandfather, or great-grandfather. And only a coparcener has the right to demand partition of property. While the share in a property increases or decreases by death or birth in a family. While analyzing the Mitakshara system that is applicable in various forms to property owned by Hindu families, this is what Justice Mishra quoted in a 1996 judgment of the SC for summing up the bench's view towards daughters, "A son is a son until he gets a wife. A daughter is a daughter throughout her life.” Key takeaways It was unequivocally conveyed by the Centre, through solicitor general Tushar Mehta, that coparcenary was a birthright of daughters. Justice Mishra further said that if daughters had a birthright, it would be inappropriate to constrain it with the condition that to enjoy that right, her father must be alive. The bench said, “As the right is by birth and not by dint of inheritance, it is very much irrelevant that a coparcener, whose daughter is conferred with the rights, is alive or not." Entitling the 2005 amendment with granting equal coparcenary right to daughters as belated, the bench said, "The goal of gender justice, as constitutionally envisaged, has been achieved, though belatedly, and the discrimination that was made has been taken care by substituting the provision

3. of Section 6 by the 2005 amendment Act. On the other hand, the classic Shastric Hindu law excluded the daughter from being coparcener, but this injustice has now been done away with, by further amending the provisions in the agreement with the spirit of the Constitution.” So this law granted by the bench is one of the very essential ones that should be known by one and all throughout the country. The Supreme Court hence did justice with the daughters which was from so long denied in terms of the law. Such laws are very much important for people to be aware of. And we at 4A IP are there to provide you all the law related updates as and when they come. To know more about such updates visit https://www.4aipsolution.in. And, if you’re seeking help in any of such clashes, then 4A IP Solutions assure you ‘The Right Lawyers’ for all your claims or petitions. We are always ready to offer you a powerful team of experienced attorneys that make all the Intellectual Property Legal Solutions promising you the right direction at every step. We’re uniquely positioned in 6 cities of India to help you bring out of any of the deals. Give us a chance for the best corporate lawyers in India as you’ll proudly say that you chose the best.