Daughters have coparcenary rights even if their parents died before enforcement of Hindu Succession (Amendment) Act: SC

NEW DELHI: The Supreme Court on Tuesday held that daughters have coparcenary rights on the property of their parents even if the latter died before the Hindu Succession (Amendment) Act, 2005 came into force.

A bench of the apex court, headed by Justice Arun Mishra, said that a daughter is entitled to equal property rights under the ameneded Hindu Succession Act and that the law would have retrospective effects.

“Daughter is always a loving daughter for the rest of their life,” Justice Mishra said.

The bench said that daughters will have the right over parental property even if the coparecenor had died prior to the coming into force of the Hindu Succession (Amandment) Act, 2005.

The top court passed the order on a batch of pleas that raised a legal question whether the amendment in the Act giving daughters equal rights to inherit ancestral property has retrospective effects.