Supreme Court on Tuesday made a major judgment in which they ruled that daughters will have a right over the parental property in accordance with the 2005 amendment in the Hindu Succession Act.
The judgment was made by a three-judge bench of the apex court headed by Justice Arun Mishra implying that daughters will have the right over parental property even if the coparcener had died before the Hindu Succession (Amendment) Act, 2005 came into effect.
“Daughters will have the right over parental property even if the coparcener had died prior to the coming into force of the Hindu Succession (Amendment) Act, 2005″, said Justice Arun Mishra.
Justice Mishra recognizing the importance of conferring equal rights on daughters and sons and said that “the daughter shall remain a coparcener throughout life, irrespective of whether her father is alive or not”.
The bench made the judgment while hearing a bunch of appeals questioning whether the Hindu Succession (Amendment) Act, 2005, had a retrospective effect. The Hindu Succession (Amendment) Act 2005 gave equal rights to daughters in ancestral property.