Daughters have equal right over parental property under amended Hindu Succession
The Supreme Court has said in an order that under the amended Hindu Succession Act (2005), the daughter has equal right in every circumstance in the father’s property. The Supreme Court has clarified that Hindu women have an equal stake in the ancestral property after the amendment of the Hindu Succession Act, 2005. A three-judge bench headed by Justice Arun Mishri delivered the important verdict. Apart from Justice Arun Mishri, this bench consisted of S. Abdul Nazir and MR Shah. Justice Arun Mishra said that daughters and sons will get equal rights.
The Supreme Court has also made it clear in its decision today that even if the father had died before the enactment of the Hindu Succession (Amendment) Act, 2005, the daughter would still have an equal share. That is, the law of daughter’s equal share in the property will apply in any case. The Hindu Succession (Amendment) Act, 2005 has come into force in India from 9 September 2005. This means that even if the father had died before September 9, 2005, the daughters would still have rights over the ancestral property.
Actually after the enactment of the Hindu Succession (Amendment) Act, 2005, there was a dilemma among the people that if the father died before 2005, then whether such law would also apply to such a family or not. But today (August 11), a bench headed by Justice Arun Mishra ruled that this law will apply in every situation.