New Delhi: In a landmark verdict, the Supreme Court on Tuesday, stated that the daughters have equal coparcenary rights in the joint Hindu family property even if the father dies before the Hindu Succession Amendment Act. Copacener is the term used for a person who assumes a legal right in the parental property by birth only.
A three-judge bench comprising Justice Arun Mishra, S Nazeer, and MR Shah said the provisions in the substituted section 6 of the Hindu Succession Act, 1956, attributes the status of a coparcener on the daughter born before and after the amendment in the same manner as the son with the same right and liabilities.
The apex court said the law will be effective since 2005, September 9. The savings as provided in section(6)1 as to the disposition and alienation, partition or testamentary disposition since 2004 December 20 will come under the purview of the new verdict.
The Supreme Court said as the right is bequeathed through coparcenary by birth, it is not mandatory whether father coparcener was alive or not on September 9, 2005.