The Hindu Succession Act 1956 did not confer any rights for the daughters to inherit the ancestral assets. Only brothers were taken into consideration as the only heirs. However, this has modified with a change that came into impact on September 9th, 2005 and was seen as a large victory for the women who’re now entitled to claim the right to father’s assets.
It was enacted to cast off gender-discriminatory provisions in the Hindu Succession Act, 1956. Under the amendment, the daughter of a coparcener shall by beginning become a coparcener in her own right in the same way as the son. The daughter shall now have identical rights in the coparcenary property (ancestral assets of the Hindu undivided family) together with a son.
This change additionally repeals Section 23 of the Hindu Succession Act which disentitled a woman heir to ask for partition in respect of a residing house, wholly occupied by a joint family, till the male heirs select to divide their respective shares. This amendment also nullifies Section 24 of the Act which denied the rights of a widow to inherit her husband’s property upon her re-marriage has been repealed. This Act has introduced a crucial change this is relevant to all state governments.
Now the question occurs that whether the right of the daughter in coparcenary can also be in retrospective application which was available prior to the commencement of Amendment Act, 2005?
In the latest case of Prakash & Ors V. Phulvati & Ors, the Supreme Court in its verdict stated that the daughter has no right to the ancestral belongings if the father died before September 9th, 2005.
In this case, the daughter has filed a suit for claiming partition and separate ownership of her percentage in her father’s property. Her father passed away in 1988 and the matter was pending. During the pendency of the case, she amended her plaint and claimed the percentage withinside the property after the Amendment Act, 2005. The High Court has determined the case in favour of her and holds the view that such change could be relevant in the pending proceedings.
However, another appeal was filed before the Supreme Court towards the order of the High Court and the Apex Court has held that the daughter would have a right within side the ancestral assets inherited by her father in case if the daughter and the father are alive at the commencement of the Amendment Act, 2005
The textual content of the amendment itself definitely mentions that the rights conferred on a daughter of a coparcenary are on and from the commencement of the Hindu Succession (Amendment) Act, 2005. The Court similarly said that as per section 6(3) of the Act, it acts talks about the death after the amendment for its applicability. In view of the simple language of the law, there’s no scope for an extraordinary interpretation of the amendment.
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