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Author Topic: Daughters Have Equal Rights In Ancestral Property  (Read 157 times)

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Offline advmisthi

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Daughters Have Equal Rights In Ancestral Property
« on: May 08, 2018, 09:01:38 PM »
Daughters Have Equal Rights In Ancestral Property, Even If They Were Born Before Enactment Of Hindu Succession Act.

Supreme Court held that daughters were entitled to the benefit of 2005 amendment as well, and on that basis also they were entitled to shares.

# Prakash v. Phulavati (2016) 2 SCC 36 rights under the amendment area available to daughters living on the date of amendment, irrespective of when they were born.

# The amendment declared that a daughter ‘shall by birth’ became coparcener in her own right in the same manner as son. Hence, the daughter will get coparcenary right by virtue of the amendment, ‘since birth’.

# Section 6, as amended, stipulates that on and from the commencement of the amended Act, 2005, the daughter of a coparcener shall by birth become a coparcener in her own right in the same manner as the son.

# The amended provision now statutorily recognizes the rights of coparceners of daughters as since birth.

# Both the sons and the daughters of a coparcener have been conferred the right of becoming coparceners by birth

# Sons and daughters of a coparcener become coparceners by virtue of birth.

# The Court stated that so far as partition suits are concerned, the partition becomes final only on the passing of a final decree.

# The 2005 amendment was brought in on the touchstone of equality, thus seeking to remove the perceived disability and prejudice to which a daughter was subjected.
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