Daughters are Co-Parcener by Birth; Have Equal Rights as that of a Son: SC Re-Affirms

Published on 05 Feb 2018 by Tushar

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Image Courtesy: FinancialExpress

The Supreme Court has re-affirmed that a daughter of a coparcener shall by birth become a coparcener in her own right in the same manner as the son.

A Bench of Justices AK Sikri and Ashok Bhushanexplained the changes in law relating to a joint Hindu family governed by the Mitakshara law, post the 2005 amendment to Hindu Succession Act, 1956.

The ruling came in a case filed against a judgment of the Karnataka High court.

The question of law which was considered by the Supreme Court was whether, the appellants, daughters of Gurulingappa Savadi, could be denied their share on the ground that they were born prior to the enactment of the Act and, therefore, cannot be treated as coparceners? Alternate question was whether, with the passing of Hindu Succession (Amendment) Act, 2005, the appellants would become coparcener “by birth” in their “own right in the same manner as the son” and would, therefore, be entitled to equal share as that of a son.

Source: BarandBench


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