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New Delhi:
A lady can declare equal share in household property as a daughter, the Supreme Court reiterated at the moment because it confused that the Hindu Succession Act – that was amended in 2005 to present girls equal inheritance rights – can have a retrospective impact.
A three-judge bench, headed by Justice Arun Kumar Mishra, at the moment stated, “Once a daughter, always a daughter… a son is a son till he is married. 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.”
The query that urged the highest courtroom to make the remarks at the moment was: “Does the Hindu Succession (Amendment) Act, 2005, which gave equal right to daughters in ancestral property, has a retrospective effect ?”
The high courtroom was listening to a batch of appeals that raised the problem.
The query arose out of the highest courtroom’s contradicting rulings in 2016 and 2018 close to interpretation of Section 6 of the Hindu Succession Act, 1956, which was later amended in 2005.
In 2018, the courtroom had re-affirmed {that a} daughter “by birth become a coparcener in her own right in the same manner as the son.”
The courtroom at the moment stated a lady may have an equal share in undivided household property no matter whether or not her father was alive when the regulation was amended in 2005 or not, stressing that the regulation has a retrospective impact.
In 2005, the modification did not present a retrospective operation. “Sons and daughters of a coparcener become coparceners by virtue of birth,” in response to the modification.
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