SC green-lights women’s equal right to parental property for life.
The Supreme Court bench said that irrespective of whether the father is alive or not, daughters will possess the equal right to parental property.
In a historic judgment on Tuesday, the Supreme Court of India has ruled in favor of daughters getting equal rights to the parental property throughout their lives, even if their father has passed away before the Hindu Succession (Amendment) Act 2005 came into force.
SC bench said that daughters should remain a coparcener throughout life:
A three-judge bench led by Justice Arun Mishra stated,” Daughters must be given equal rights as sons. The daughter remains a loving daughter throughout life. The daughter shall remain a coparcener throughout life, irrespective of whether her father is alive or not. Rights under the amendment apply to living daughters of living coparceners as on 9/9/2005, irrespective of when such daughters are born.”
No retrospective effect of the new judgments says SC:
A batch of appeals had raised an important legal issue whether the Hindu Succession, which gave equal rights in the ancestral property to daughters, has a retrospective effect, which was heard by the apex court bench. Quashing the disputed question of law and clarifying the chucking out previous decisions of a daughter having an equal parental property right only if both the father and the daughter were alive, at the time of notifying the amendment, i.e. on September 9, 2005, the top court passed the law of daughters getting parental property rights even if the father has died before the afore-mentioned date. The Supreme Court had previously given two contradictory judgments regarding the issue, one being of Prakash V. Phulavati in 2015 and the other being Danamma @ Suman Surpur vs Amar in 2018.
The Apex Court’s decision is a monumental one and showcased towards the women of the country in the year 2020.
