In a ruling that will ensure equality between men and women, the Indian Supreme Court made it clear that women born before 2005 have equal right on ancestral property. The apex court stated that the Hindu Succession Act 2005 which gives equal rights to Daughters on ancestral property, will be applied to all women including those born before the year.
A bench of Justices AK Sikri and Ashok Bhushan said that the share in ancestral property could not be denied, to a woman, on the ground that she was born before the law was passed, and the law was applicable in all property disputes filed before 2005 and pending when the law was framed. The bench added that the amended law stipulated that a daughter would be a ?coparcener? (one who shares equally in inheritance of an undivided property) since birth, and have the same rights and liabilities as a son.?The law relating to a joint Hindu family governed by the Mitakshara law has undergone unprecedented changes. The said changes have been brought forward to address the growing need to merit equal treatment to the nearest female relatives, namely daughters. These changes have been sought? on the touchstone of equality, thus seeking to remove the perceived disability and prejudice to which a daughter was subjected,? the bench was quoted as saying.
02-07-2018, 04:12 PM
Daughters born before 2005 have right in their fathers? property, says Indian SC
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