Female heir entitled to equal property rights under Hindu Succession Act, retrospectively: SC

In a landmark judgment, the Supreme Court on Tuesday ruled in favour of rights of daughters to have a equal share in a Hindu Undivided Family (HUF) property. The Supreme Court further said that the daughters have coparcenary rights on the property of their parents even if the latter died before the Hindu Succession (Amendment) Act, 2005 came into force.

The three judge bench lead by Justice Arun Mishra passed the landmark order after hearing a batch of pleas that was raised on whether the amendment in the Act provides daughters having equal rights to inherit ancestral property has retrospective effects.

Settling the disputed question of law, the bench held that daughters' rights are absolute after the amendment and that she would have the right of inheritance irrespective of whether the father was alive at the time of the amendment or not.

"Daughter is always a loving daughter for the rest of their life," Justice Mishra quoted.

The bench clarified that the objective of the amendment was to give the daughters a equal right in the Hindu Undivided Family (HUF) as a coparcenary, as equal to a son, and that such conditions go against the spirit of the amendment carried out.

Initial reports reveal that the bench further held that a daughter, living or dead, as on the date of the amendment, shall be entitled to a share in her father’s property. It means that even if the daughter was not alive on the date of the amendment, her children can rightfully claim the property, according to the Hindu Succession Act (2005).