Women have Equal Rights on Parental Property : SC

Highlights:

  • 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.
What is Coparcener ?
  • 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 daughters. 
  • However, in the recent judgement, the apex court pronounced that "a daughter always remains a loving daughter".
Hindu Succession Act, 1956: A Fact File
  • 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 women. 
  • 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 property. 
  • 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 through Succession.
  • 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 acquire property
  • 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.