A fundamental principle of any progressive and modern society is the equality of sexes. The landmark judgement of the honourable Supreme Court for equal inheritance rights for the daughters is a highly welcomed change in the judicial system of India which will finally rectify the discriminatory practice and uphold the fundamental right-Equality for all!
Landmark judgement-Final nail in the coffin of male primacy in division of Hindu ancestral property. Daughters will have equal inheritance right with those of sons in father’s, grandfather’s and great grandfather’s property was declared by the highest court in India-supreme court, in a landmark judgement.
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The confusion arising out of the conflicting interpretations of Section 6 (amended) of the Hindu Succession act-2005 were ironed out by a bench of justices- Arun Mishra, S Abdul Nazeer and MR Shah in a 121 page judgement. Daughters born before September 9, 2005 could claim equal inheritance right. This judgement confers the status of coparcener (equal inheritance right) on the daughter in the same manner as the son and with the same liabilities and rights.
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The three-judge bench said, “Once a daughter, always a daughter… a son is a son till he is married. Elaborating on the remark the bench upheld that a daughter shall remain a coparcener (one who shares equally with others in inheritance of an undivided joint family property) throughout life, irrespective of the fact whether her father is alive or not.” A batch of appeals were being heard by the top court where the issue was raised and then this landmark judgement was passed. In 2005 when the law was amended, it did not provide a retrospective operation.
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