The Supreme Courtroom on Tuesday held that daughters can have coparcenary rights on father’s property even when he died earlier than the Hindu Succession (modification) Act 2005 got here into drive.
The bench headed by Justice Arun Mishra was answering a reference based mostly on conflicting choices given by previous verdicts of the highest court docket. Though the modification was relevant to Hindu daughters as coparceners who died after coming of the act, there was no readability on whether or not it can have retrospective impact.
In 2016, the Supreme Courtroom determined that such proper won’t be retrospective in Prakash v Phulwati case whiles in 2018 one other bench of the court docket in Danamma v Amar held it to be retrospective.
Answering the reference, the bench stated, “Daughters can’t be disadvantaged of their proper to equality conferred by Part 6 of the Act.”
The modification got here into impact on September 9, 2005. The courts thought of this as deadline to resolve please by daughters looking for equal rights as coparcerners as sons of their father’s property.
The bench additional directed that issues pending in trial courts on this problem be determined in six months.