Daughters have equal birthright to inherit property

The Supreme Court  held that daughters, like sons, have an equal birthright to inherit joint Hindu family property. The court decided that the amended Hindu Succession Act, which gives daughters equal rights to ancestral property, will have a retrospective effect.

What did the Supreme Court say in its order?

• Justice Arun Mishra of the Supreme Court, while giving the verdict, said that like sons, daughters should be given equal rights. Daughters remain daughters throughout life. The daughter remains an equal right in her father’s property, whether her father is alive or not.
• The Supreme Court while giving its verdict said that the purpose of amending the Act was to provide equality to the daughters. The court made it clear that even if the father’s death has happened before the enactment of the Act, the daughter will get an equal share in the ancestral property.
• Apart from this, the court also made it clear that daughters born since 2005 will also have equal rights over the property. The court said that the Hindu woman will get the same share of her father’s property as her brother. The court said that before and after 09 September 2005, daughters will get a share in the Hindu undivided family.

This law will apply

• In the year 2005, a law was made that both son and daughter would have equal rights over the property of their father. However, it was not clear whether the law would apply to such a family if the father died before 2005. Now a bench headed by Judge Arun Mishra has ruled that this law will be applicable in all circumstances.

Hindu Succession (Amendment) Act 2005

• The Supreme Court said that the amendment to the Hindu Succession Act came into force from 09 September 2005. The law says that it does not matter whether the daughter is born before or after this date, she will have an equal share in the father’s property as her brother.
• In the year 2005, a law was made that both son and daughter would have equal rights over the property of their father. However, it was not clear whether the law would apply to such a family if the father had died before 2005.
• The Hindu Succession Act 1965 was amended in the year 2005. Under this, there is a provision to give equal share to daughters in ancestral property. According to this, the daughter has the same right over the property of the father as the legal heir, as the son. It has nothing to do with marriage.

UPSC