Sons And Daughters Have Equal Share In Ancestral Property: Supreme Court

“Once a daughter, always a daughter,” rules the apex court.

Sohil Nikam

August 12, 2020

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1 min

zeekannada

The Supreme Court on Tuesday ruled in favour of women’s equal right to parental property throughout life in a breakthrough judgement. A three-judge bench headed Justice Arun Mishra said, “Daughters must be given equal rights as sons. A daughter remains a loving daughter throughout life. The daughter shall remain a coparcener throughout life, irrespective of whether her father is alive or not.” The apex court also made the statement, “Once a daughter, always a daughter,” stressing that a daughter’s relationship to her father does not change after her marriage.

The Supreme Court was hearing a batch of appeals that had raised an important legal issue regarding the Hindu Succession (Amendment) Act. The argument was whether the amendment that gave equal rights to daughters in ancestral property has a retrospective effect. What’s important is that the court has ruled that daughters’ equal right in the parental property stands even if the father had died before the Hindu Succesdusion (Amendment) Act of 2005 was implemented.

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