'Daughters become equal coparceners at birth even if born prior to 2005': Supreme Court

In a landmark judgement, the Supreme Court has upheld the right of daughters on their ancestral property even if the ancestors had died before the Hindu Succession (Amendment) Act, 2005 came into force. The judgement implies that daughters will now have rights over the father’s property irrespective of whether the parent is alive or dead.

A three-judge bench of the apex court headed by Justice Arun Mishra held that rights under the amendment are applicable to living daughters of coparceners as on September 9, 2005.

The bench pronounced the judgement after hearing a batch of pleas that raised important legal issues on whether the Hindu Succession (Amendment) Act 2005 has a retrospective effect. The Hindu Succession (Amendment) Act 2005 gives equal rights to daughters in their ancestral property.

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Daughters declared coparceners by birth

"Once a daughter, always a daughter... a son remains a son till he is married. The daughter shall remain a coparcener (one who shares equal inheritance of an undivided joint family property) throughout life, irrespective of whether her father is alive or not," Justice Arun Mishra was quoted as saying by Livelaw.

The bench held that the said amendment is applicable to daughters of coparceners as on 9 September 2005, irrespective of the date when they were born. Eliminating the gender bias in the legal system, the amendment in the Act ensured that daughters shall by birth become an equal coparcener of her ancestral property just like the sons.

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