Hindu woman entitled to equal property rights: SC
October 05, 2011
*The Supreme Court ruled that the female inheritors would have succession
rights and the same liabilities fastened on the property along with the male
members.*
* *
*A Hindu woman or girl will have equal property rights along with other male
relatives for any partition made in intestate succession after September
2005, the Supreme Court has ruled.*
* *
*A bench of justices R. M. Lodha and Jagdish Singh Khehar in a judgment said
that under the Hindu Succession (Amendment) Act, 2005, the daughters are
entitled to equal inheritance rights along with other male siblings, which
was not available to them prior to the amendment.*
* *
*The apex court said the female inheritors would not only have the
succession rights but also the same liabilities fastened on the property
along with the male members.*
* *
*“The new Section 6 provides for parity of rights in the coparcenary
property among male and female members of a joint Hindu family on and from 9
September 2005. The legislature has now conferred substantive right in favor
of the daughters.*
* *
*“According to the new Section 6, the daughter of a coparcener becomes a
coparcener by birth in her own rights and liabilities in the same manner as
the son. The declaration in Section 6 that the daughter of the coparcener
shall have same rights and liabilities in the coparcenary property as she
would have been a son is unambiguous and unequivocal,” Justice Lodha,
writing the judgment, said.*
* *
*The term coparcener refers to the equal inheritance right of a person in a
property.*
* *
*The apex court passed the ruling while upholding the appeal filed by
Ganduri Koteshwaramma, daughter of late Chakiri Venkata Swamy, challenging
the Andhra Pradesh High Court’s decision not to recognize equal property
rights of women along with their male siblings.*
--
“He that parts with his *property*
before his death prepares himself
for much suffering.”
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