The Journey of Daughter Property Rights: narrated via Landmark Judgements

Introduction

The Supreme Court of India passed a judgement recently on 11th August 2020 and held that equal property rights should be provided to the daughters as they are entitled to it. The same will be applicable upon those daughters as well who are born after the amendment of 2005 which was made to Hindu Succession Act of 1956[1].

The three-judge bench consisting of S. Abdul Nazeer, MR Shah & Arun Mishra passed this landmark judgement stating that right of coparcenary is a daughter’s vested right, which begins from the time of her birth. Regardless of her father coparcener being alive or dead before 9th September 2005.

Now, every daughter can claim equal property rights as per Hindu Succession Act even if the coparcener father died before the introduction of the 2005 amendment. The court gave this judgement by overruling the observation which was made in the case of Mangammal vs TB Raju & Prakash vs Phulavati.

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