Press Esc to close
Saturday 22 July 2017
News updated at 10:02 AM 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
Kawad yatri waiting for their turn in a queue outside a Shiv temple in Meerut...

Kawad yatri waiting for their turn in a queue outside a Shiv temple in Meerut...

A farmer ploughs his paddy field during monsoon session at a village near Balurghat in South...

A farmer ploughs his paddy field during monsoon session at a village near Balurghat in South...

Chennaiyin FC Co-owner and actor Abhishek Bachchan reacts during a press conference...

Chennaiyin FC Co-owner and actor Abhishek Bachchan reacts during a press conference...

Exile Tibetans hold posters of the late Nobel laureate Xiaobo Liu during a prayer service...

Exile Tibetans hold posters of the late Nobel laureate Xiaobo Liu during a prayer service...

Temples submerged in flooded waters of Narmada river at Gwarighat in Jabalpur...

Temples submerged in flooded waters of Narmada river at Gwarighat in Jabalpur...

A view of a submerged bridge over the Panchganga river after heavy downpour at Ichalkaranj...

A view of a submerged bridge over the Panchganga river after heavy downpour at Ichalkaranj...

Former Gujarat chief minister and Congress veteran Shankersinh Vaghela address a public...

Former Gujarat chief minister and Congress veteran Shankersinh Vaghela address a public...

Village girls raise slogan as they attend the funeral procession of the teenager Tanveer...

Village girls raise slogan as they attend the funeral procession of the teenager Tanveer...

Army personnel fixing loud-speakers at a pole as preparations are underway...

Army personnel fixing loud-speakers at a pole as preparations are underway...

A view of the Vijay Chowk and Raisina Hill during sunset in New Delhi on Friday...

A view of the Vijay Chowk and Raisina Hill during sunset in New Delhi on Friday...

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.