Daughters have equal property rights, Hindu Succession Act has retrospective effect, rules SC

[kevinUsa]

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LAND LAW

Daughters have equal property rights, Hindu Succession Act has retrospective effect, rules SC

The top court said the judgement applied irrespective of when she was born and if her father was alive or not at the time of the amendments.

Scroll Staff

5 hours agoUpdated 4 hours ago

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A file photo of Supreme Court of India. | Adnan Abidi/Reuters

The Supreme Court on Tuesday ruled that a daughter can claim equal share in parental property irrespective of when she was born and if her father was alive or not at the time of the 2005 amendment to the Hindu Succession Act, Bar and Bench reported.

A three-judge bench of Justices Arun Mishra, S Abdul Nazeer and MR Shah said the amendments can have a retrospective effect. “Once a daughter always a daughter...son is a son till he is married,” Justice Mishra said. “The daughter shall remain a coparcener [one who shares equally with others in inheritance of an undivided joint family property] throughout life, irrespective of whether her father is alive or not. Daughters must be given equal rights as sons, daughter remains a loving daughter throughout life.”

The judgement is crucial as it sets aside a clutch of previous decisions by the Supreme Court that said daughters can have coparcenary right only if both the father and the daughter were alive as on September 9, 2005, when the amendment was notified, according to News18.

The judges asked the courts concerned, where several matters remained pending due to the top court judgement, to dispose them within six months.

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• Supreme Court
• Hindu Succession Act
• Daughters Inheritance
• Coparcenary Rights

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[kevinUsa]

Lowda la lolli

Mari equality Eda undi we paniki rani laws cheste

[LadiesTailor]

1 minute ago, kevinUsa said:

Lowda la lolli

Mari equality Eda undi we paniki rani laws cheste

whats wrong with the law... if its an ancestral property both should have equal share period. 

[kevinUsa]

Just now, LadiesTailor said:

whats wrong with the law... if its an ancestral property both should have equal share period. 

Fine 

Enni years

What do sons get for maintaining the property for all these years 

 

[LadiesTailor]

1 minute ago, kevinUsa said:

Fine 

Enni years

What do sons get for maintaining the property for all these years 

 

maintenance chesinanduku pisalu teesukovali like poalm kauli ki iste ela treat chestamo alaga...simple and no dowry system any more... 

[jefferson1]

Simp nation simp laws 

[Ento]

What happens if father writes a will to give his property to son

[Ento]

And what happens if son’s money was used to purchase property that is on fathers name

[LadiesTailor]

13 minutes ago, Ento said:

What happens if father writes a will to give his property to son

If it’s an ancestral property girls can fight in court 

[LadiesTailor]

12 minutes ago, Ento said:

And what happens if son’s money was used to purchase property that is on fathers name

If we prove that it’s sons money I think it should go to son... but safe side evvadi pisalu petti konte vaadi peruna registration chesukovadam better to avoid all headaches 

[Ento]

5 minutes ago, LadiesTailor said:

If it’s an ancestral property girls can fight in court 

That sucks man

[Ento]

4 minutes ago, LadiesTailor said:

If we prove that it’s sons money I think it should go to son... but safe side evvadi pisalu petti konte vaadi peruna registration chesukovadam better to avoid all headaches 

Agricultural land nri peru medha register chepiyocha? I was told ‘No’

[LadiesTailor]

1 minute ago, Ento said:

Agricultural land nri peru medha register chepiyocha? I was told ‘No’

Are you a US citizen ? 

[Ento]

3 minutes ago, LadiesTailor said:

Are you a US citizen ? 

No

[manadonga]

This sucks man. Pellala peru cheppukuni allulu nettimeeda ekkutaru