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Supreme Court: Daughter Has Equal Right To Ancestral Property By Birth


New Delhi: In a landmark judgment, the Supreme Court of India on Tuesday ruled in favour of female rights property as per which now a daughter can have a share in a Hindu Undivided Family (HUF) property, irrespective of whether her father was alive or not at the time of the amendment made to the Hindus Succession Act 2005.

A three-judge bench headed by Justice Arun Mishra held that daughters will have a right in the parental property in accordance with the 2005 amendment in the Hindu Succession Act.

Justice Arun Mishra referred to an Irish saying that a ‘son is a son till he takes him a wife, a daughter is a daughter all her life’.

He pronounced the judgment in a batch of appeals that raised an important legal issue whether the Hindu Succession Act, which gave equal right to daughters in ancestral property, has a retrospective effect, reported Live Law.

Even if father was not alive on September 9, 2005, when amendment to Hindu Marriage Act was effectuated, daughter will still have coparcenary, said Justice Mishra said.

These cases were heard by a three-judge bench as one of them arose out of a judgment delivered by Delhi High Court which had also granted certificate to appeal.

(Edited By Suryakant Jena)

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