Press Esc to close
Saturday 27 May 2017
News updated at 7:07 PM IST

HC upholds equal property right for daughters

Last updated: 19 March, 2010
Bangalore, Mar 19, DHNS: 23:23 IST

In a significant judgement the High Court on Friday validated the Hindu Succession (Amendment) Act, 2005 upholding that the daughter has an equal share in coparcenary property.

“Son is a son until he gets a wife; daughter is a daughter throughout her life. A married daughter is also a coparcener and she is entitled to equal share along with the son,” a division bench comprising Justices N Kumar and A N Venugopalagowda observed while delivering a judgement.

Hindu Succession (Amended) Act, 2005 provided that daughters have no right over the property if they are dispossessed or alienated before December 24, 2004. The same was applicable to married women too. However the order now allows the daughter to claim equal right in the property. As per the judgement, marriage in no way effects daughter’s right to equal share in the coparcenary properties.

The amendment to the Act came into force on September 5, 2005. The right which it confers on a daughter of a coparcener is from the date of her birth. Therefore though the amendment Act is prospective, the right is conferred from the date of birth. In effect the daughter gets the right in the property by birth, which is much prior to the commencement of the Act, the court said.

Discrimination

The discrimination continued between the son and the daughter in the matter of sharing the coparcenery-parcenary properties and it took nearly 50 years in free India to resolve. The amendment Act is curative and remedial in nature. It not only intends to give equal rights to the daughter, it intends to give such rights from the day the Act came into force,” the court observed while upholding the amendment. However, the daughter has no right to claim the property if it is registered or has reached the finality of the final decree.

Go to Top

Photo Gallery
Back to school.

Back to school.

Karnataka Rajya Saarkari Hostel Mattu Vasati Shala Horaguttige Noukarara Sangha Protest

Karnataka Rajya Saarkari Hostel Mattu Vasati Shala Horaguttige Noukarara Sangha Protest

A labourer at a salt pan in Mumbai

A labourer at a salt pan in Mumbai

Manchester attack: Flower tributes.

Manchester attack: Flower tributes.

Indian Open of Surfing 2017

Indian Open of Surfing 2017

Protesters run as they prepare to hurl stones towards the police.

Protesters run as they prepare to hurl stones towards the police.

Delhi Metro's Heritage Line

Delhi Metro's Heritage Line

Dhola-Sadia bridge

Dhola-Sadia bridge

Opposition leaders meet to discuss presidential poll

Opposition leaders meet to discuss presidential poll

Youth Congress protest against three years of BJP rule

Youth Congress protest against three years of BJP rule

Like us on Facebook

Copyright 2017, The Printers (Mysore) Private Ltd., 75, M.G Road, Post Box 5331, Bengaluru - 560001
Tel: +91 (80) 25880000 Fax No. +91 (80) 25880523
Powered by Yodasoft Technologies Pvt. Ltd.