The Supreme Court of India has
ruled that Hindu Woman is entitled to equal Property Rights examines Adv. R. P. Rathod.
The Supreme
Court of India has ruled that “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”.
A bench of justices comprising R. M. Lodha and Jagdish Singh Khehar in a judgment has 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 liability fastened on the property along with the male
members adds Adv. R. P. Rathod.
The Section 6
provides for parity of rights in the coparcenaries 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.
Adv. R. P. Rathod states
that Justice Lodha, in the said judgment has rightly
observed that according to the 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 coparcenaries property
as she would have been a Son is unambiguous and
unequivocal.
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 concludes Adv. R. P. Rathod.
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