The Co Parcenery Rights of daughter
The Co Parcener word means joint ownership of any property. In India the laws relating to inheritance and succession is stated in Hindu Succession Act 1955. Sec 6 of the Act dealt with the rules regarding devolution of a parental property among his successors. Before Hindu succession Act Amendment of 2005, the daughter was not entitled to share in his parental property. The daughter was not regarded as a co parcener before the Amendment Act of 2005.
The Hindu succession Amendment Act 2005
The Hindu succession Amendment Act bought changes in the sec 6 of the Act which dealt with the law of succession. The Act of 1956 was discriminatory in nature and hence the amendment introduced certain changes to the Act. The Major changes were
· Both sons and daughters have equal rights. As such, they are both coparceners by birth irrespective of gender.
· The daughter of a coparcener has the same rights bestowed on the son of a coparcener.
· Just as rights are equal, so also, the liabilities. The Mitakshara coparcenary’s liabilities as is applicable to the son are also applicable to the daughter.
Recent Issue in the Court : Whether the Hindu succession Amendment act 2005 is applicable retrospectively ?
In the case of Prakash v. Phoolvati it was held by the two judge bench of Supreme Court of India that if the Father passed away before the date of enactment of the amendment then the daughters would have no co parcenery rights as the Amendment nowhere expressly states about retrospective effect.
In the case of Danamma v. Amar it was held in the matter that even if the father is passed away in 2001, before the enactment of the Act, the daughters still would get the share in the property.
Due to the conflicting opinions of the benches in these cases the Supreme Court pronouncing it’s judgment in the case of Vineeta Sharma v. Rakesh Sharma, held that, a daughter will have a share after Hindu Succession (Amendment) Act, 2005, irrespective of whether her father was alive or not at the time of the amendment
The daughter have the same rights as the sons have in the case of inheritance. The inheritance of joint family property is a birthright of daughters. The Hindu Succession Amendment Act, 2005 which gives equal rights to both sons and daughters in case of inheritance, has retrospective effect.
- Devesh Tripathi