Daughters have equal rights to property in joint Hindu family, says SC

The verdict makes it clear the amendment to the Hindu Succession Act, 1956 granting equal rights to daughters to inherit ancestral property would have retrospective effect

Holding that daughters cannot be deprived of their right of equality, the Supreme Court Tuesday ruled that they will have equal coparcenary rights in joint Hindu family property even if the father died before the Hindu Succession (Amendment) Act, 2005.

A bench of Justices Arun Mishra, S Nazeer and M R Shah said the provisions contained in substituted Section 6 of the Hindu Succession Act, 1956 confer the status of coparcener on the daughter born before or after amendment in the same manner as a son with the same rights and liabilities. The verdict makes it clear the amendment to the Hindu Succession Act, 1956 granting equal rights to daughters to inherit ancestral property would have retrospective effect.

The top court, which overruled its earlier 2015 decision in which it had held that the rights under the amendment are applicable to living daughters of living coparceners as on September 9, 2005, irrespective of when such daughters are born, also observed that "a daughter always remains a loving daughter"...Read More