On 11th August 2015, the Supreme Court of India passed a breakthrough judgement of daughters equal right to property under Hindu Succession Act, even if the coparcener i.e the individual from whom the property is inherited died before 9th September 2005. This is to say that the Amendment to the Hindu Succession Act, 2005 which granted daughters and sons equal right to inherit property, shall be applied retrospectively as well.
“Daughters must be given equal rights as sons. Daughter remains a loving daughter throughout life. The daughter shall remain a coparcener throughout life, irrespective of whether her father is alive or not”. - Justice Mishra
Law is said to have a retrospective effect when irrespective of when the law was enacted or judgement was passed, it applies to all cases that are pending and all individuals who are governed by such law. Income Tax law apply retrospectively.
The three-judge bench who pronounced the judgement consisted of Justice Arun Mishra, Justice Abdul Nazeer and Justice M R Shah. Justice Mishra said, “Daughters must be given equal rights as sons. The daughter remains a loving daughter throughout life. The daughter shall remain a coparcener throughout life, irrespective of whether her father is alive or not”.
Hindu Succession Act applies to:
Individuals who are born to Hindu parents or convert to Hinduism.
Sikhs, Jains and Buddhists are also included in Hindu Law.
Individuals who marry under the Special Marriage Act, 1954 continue to be governed by the Hindu Succession Act for matters of inheritance.
The judgement passed by the Supreme Court today applies to all Hindu females, irrespective of when they were born or when their father or head of the family was deceased.
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