Supreme Court at meeting said that daughters will have coparcenary rights on father’s property even if father died before the Hindu Succession (amendment) Act 2005 came into force.
Justice Arun Mishra headed the bench. He was answering context based on conflicting decisions given by past verdicts of the top court.
Meanwhile, the changes was applicable to all Hindu daughters as coparceners who died after coming of the act. Yet there is no confirmation on whether it will have retrospective effect or not.
In year 2016, the SC had decided that such right will not be retrospective in Prakash v Phulwati case whiles in 2018 another bench of the court in Danamma v Amar held it to be retrospective.
Responding to the reference, the bench said, “Daughters cannot be deprived of their right to equality conferred by Section 6 of the Act.”
“Daughter is always a loving daughter for the rest of their life,” Justice Mishra said.
Notably, the bench also mentioned that now daughters will have the right over parental properties even if the coparecenor had died prior to the coming into force of the Hindu Succession (Amendment) Act, 2005.
This amendment came into effect on September 9, 2005.
