By Arré Bench Aug. 11, 2020
“Once a daughter, always a daughter... a son is a son till he is married,” a three-judge bench of the Supreme Court said today, as it emphasised that the Hindu Succession Act gave women equal inheritance rights.
Today, the Supreme Court reaffirmed a daughter’s right to ancestral property in a hearing by a three-judge bench. Justice Arun Mishra headed the bench, which also included Justice Abdul Nazeer and Justice MR Shah. A batch of appeals raised before the Supreme Court the question, “Does the Hindu Succession (Amendment) Act, 2005, which gave equal right to daughters in ancestral property, have a retrospective effect?” The bench’s judgement on the matter stressed the fact that the Hindu Succession Act does have a retrospective effect, and that a woman has equal inheritance rights regardless of whether her father was alive in 2005, the year in which the act was amended.
Judgment by SC on whether Section 6 of Hindu succession Act gives a Hindu woman same rights as her brother in property is good judgment. Ends confusion due to divergent views in earlier judgments. Hindu female to inherit property of fathers, even if father is dead.
— Maneesh Chhibber (@maneeshchhibber) August 11, 2020
In its ruling, the bench observed that “Once a daughter, always a daughter… a son is a son till he is married.” It went on to add, “The daughter shall remain a coparcener (one who shares equally with others in inheritance of an undivided joint family property) throughout life, irrespective of whether her father is alive or not.”
In a significant judgment, the #SupremeCourt has 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.
Read more: https://t.co/0mLJN4XHaj
— Live Law (@LiveLawIndia) August 11, 2020
The Supreme Court was hearing the batch of appeals about the retrospective powers of the Hindu Succession Act’s 2015 amendment. These appeals were due to contradictory rulings from courts in 2016 and 2018. However, today the court has reiterated that the 2005 amendment to the Hindu Succession Act has a retrospective effect, and that daughters will get to inherit an equal share of family property. The ruling has been heralded as an instance of the SC upholding gender equality. Many have praised it, including Rekha Sharma, the chairperson of the National Commission for Women, who welcomed it as well.
I welcome the judgement of Hon. Supreme Court on Hindu succession act."Once a daughter, always a daughter.. a son is a son till he is married. The daughter shall remain a coparcener throughout life, irrespective of whether her father is alive or not."https://t.co/0dv3gj4nTQ
— Rekha Sharma (@sharmarekha) August 11, 2020
Daughter entitled to equal property rights under Hindu Succession Act: SC
— Mohandas Pai (@TVMohandasPai) August 11, 2020
The bench also asked concerned courts to dispose matters pending due to this judgement within six months.