DAUGHTER’S EQUAL RIGHTS ON FATHER’S PROPERTY

In starting,

The amendment in The Hindu Succession Act 2005 was brought in order to curb the gender discrimination. This step was taken by the Apex Court so that both sons and daughters can enjoy equal rights. The essence of this amendment lies in giving the married daughters equal rights in their father’s property as it was never included before.

But in Devolution of interest in coparcenary property it is mentioned:

  1. On and from the commencement of the Hindu Succession (Amendment) Act, 2005, in joint Hindu family governed by the Mitakshara Law, the daughter of a coparcener shall:
    1. By birth become a coparcener in her own right the same manner as the son;
    2. Have the same rights in the coparcenary property as she would have had if she had been a son;
    3. Be subject to the same liabilities in respect of the said coparcenary property as that of a son, and any reference to a Hindu Mitakshara coparcener shall be deemed to include a reference to a daughter of a coparcener:
  2. Any property to which a female Hindu becomes entitled by virtue of subsection (1) shall be held by her with the incidents of coparcenary ownership and shall be regarded, notwithstanding anything contained in this Act or any other law for the time being in force in, as property capable of being disposed of by her by testamentary disposition.
  3. Where a Hindu dies after the commencement of the Hindu Succession Act, 2005, his interest in the property of a Joint Hindu family governed by the Mitakshara Law, shall devolve by testamentary or intestate succession. As the case may be, under this Act and not by survivorship, and the coparcenary property shall be deemed to have been divided as if a partition had taken place and
    1. The daughter is allotted the same share as is allotted to a son;
    2. The share of the pre-deceased son or a pre-deceased daughter, as they would have got had they been alive at the time of partition, shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter; and
    3. The share of the pre-deceased child of a pre-deceased son or of a pre-deceased daughter, as such child would have got had he or she been alive at the time of the partition, shall be allotted to the child of such pre-deceased child of the pre-deceased son or pre-deceased daughter, as the case may be.

Right to property is also applicable for the married daughters under the Hindu Succession (Amendment) Act, 2005

In other words, even though the daughter is entitled to rightly ask for the partition, she can also be the Karta of HUF under the condition that she is the eldest coparcener of her father’s joint family. The daughter here does not hold the right to gift her share being alive except by the way of will. After the demise of the married daughter her next of kin, her children or legal heirs will thereby be entitled to rightly hold the share in her property.

The Apex Court thus in 2015 ruled that the rights of coparcener under amendment Act 2005 are applicable to living daughters of living coparceners as on the 09th of September, 2005 irrespective of the birth date of daughters.[3] This indeed raised a chaos and confusion and was anomalous. The Apex Court thus in the year 2018 ruled and passed a verdict that if the father had died before 2005 and if any prior suit is pending by a male coparcener for partition, the female coparcener is entitled to share in partition.

WE CONCLUDE HERE

After all the struggles, contradicting views and ideologies we all along with the Supreme Court of India stand by the enactment of the Amendment of Section 6 of The Hindu Succession Act, 2005 where in it is declared to have a retrospective effect in providing equal rights to both sons and daughters of the nation. Irrespective of the date of birth of the daughters as well as the fathers, the daughters are entitled to the rightly said equal rights as given and enjoyed by the sons.

 

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