{"id":108035,"date":"2020-08-11T13:00:00","date_gmt":"2020-08-11T07:30:00","guid":{"rendered":"https:\/\/www.indialegallive.com\/?p=108035"},"modified":"2020-08-11T18:30:55","modified_gmt":"2020-08-11T13:00:55","slug":"daughter-to-have-full-right-in-parental-property-under-amended-hindu-succession-act-decrees-sc","status":"publish","type":"post","link":"https:\/\/www.indialegallive.com\/constitutional-law-news\/courts-news\/daughter-to-have-full-right-in-parental-property-under-amended-hindu-succession-act-decrees-sc\/","title":{"rendered":"Daughter to have full right in parental property under amended Hindu Succession Act, decrees SC"},"content":{"rendered":"\n
New Delhi:<\/strong> The Supreme Court<\/strong> today, in an important judgement, held that daughters will have right over parental property even if the father died before September 9, 2005 when the Hindu Succession (Amendment) Act, 2005 came into force.<\/p>\n\n\n\n The bench of Justices Arun Mishra, S. Abdul Nazeer and M.R. Shah held that since the right in coparcenary is by birth, it is not necessary that the father coparcener should have been living as on September 9, 2005. Therefore, a daughter is entitled to equal property rights under the amended Hindu Succession Act, even if her father (the coparcener) wasn\u2019t alive when the amendment came into force. The court overruled contrary observations made in cases such as Mangammal vs TB Raju and Prakash vs Phulavati.<\/p>\n\n\n\n While pronouncing the judgment, Justice Mishra remarked: \u201cOnce a daughter, always a daughter, son is a son only till he is married.”<\/strong><\/p>\n\n\n\n Justice Mishra added that daughters must be given equal rights as a son and a daughter will remain a coparcener throughout life, irrespective of whether her father is alive or not. A daughter will remain a loving daughter throughout life.<\/p>\n\n\n\n