Women have Equal Rights on Parental Property : SC
What is Coparcener ?
- Recently, a three-judge bench headed by Justice
Arun Mishra of Supreme Court ruled that daughters have equal rights as that of
sons on parental property.
- They shall remain coparcener throughout their life.
- This includes in cases where the father died
before the enactment of Hindu Succession (Amendment) Act, 2005.
- According to Section 6 of the Hindu Succession Act, 1956,
the status of coparcener on the daughter born before or after amendment in the
same manner as that of the son.
Hindu Succession Act, 1956: A Fact File
- The term coparcener is a person who assumes legal rights in
parental property by birth only.
- According to the judgement, a daughter is a
now a coparcener as well.
- Earlier, in 2015, the Supreme Court had pronounced that the rights
under the amendment of Hindu Succession Act, 1956 is applicable only to living
- However, in the recent judgement, the apex court pronounced that "a
daughter always remains a loving daughter".
- The act codifies laws related to intestate or unwilled
succession among Buddhists, Hindus, Jains and Sikhs.
- It provides a uniform and
comprehensive system of inheritance and succession. It was amended in 2005.
Under the amendment, Section 6 was inserted.
- Till 2005, the Hindu Succession Act, 1956 was biased against
- Only after the amendment in the act, equal rights were awarded to
daughters in their fathers’ ancestral property.
- Under the act, the Hindu women can inherit all types of
- This includes both movable and immovable property.
- There are two ways
a woman can inherit property under the law
- If someone leaves a property through Will.
- This is called
Inheritance through Will
- When there is no will, then the inheritance is achieved
- Daughters have same rights to inherit their mother’s
property as that of their son.
- They inherit equally.
- The rights of a widow is same as that of a married woman to
- If a woman is divorced, she is not included under Class I
heir of her husband. Class I heir of a Hindu male are mothers, daughters,
widows and sons
- A mother inheriting from her son does not change based on
whether she is widow, remarried or divorced.