Rights of daughter to a Hindu Undivided Family

Rights of daughter to a Hindu Undivided Family

The Supreme Court of India said on Tuesday cleared the ambiguity about the rights of daughter to a Hindu Undivided Family in terms with Hindu Succession Act, 2005. Apex Court ruled that Hindu Succession Act, 2005, can be applied retrospectively to daughters who were alive when the law was brought in, irrespective of whether their father was alive or not. The verdict has cleared the air about this issue and has given indian daughters an absolute equality in the subject matter.

On 11th August, 2020, A three judge bench of the Supreme Court held that a daughter will have equal rights over the property of father in a Hindu Undivided Family as was guaranteed by the Hindu succession (Amendment) Act 2005.

"“Daughters must be given equal rights as sons, Daughter remains a loving daughter throughout life. The daughter shall remain a coparcener throughout life, irrespective of whether her father is alive or not.”" - Justice Arun Mishra.

Holding that a daughter will have equal right over her father’s property irrespective of whether she or her father were alive at the time of that landmark amendment.

More specifically if the father of a woman in a Hindu Undivided Family had passed away prior to the amendment coming into force on 9 September 2005, she would still be entitled to an equal share of her father’s property.

And, if the daughter had died before the amendment, she would still have the right to the property of her father and her children would be the entitled to the property.

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