The Hindu Succession Act was enacted in the year 1956. This law recognized the right of women to property i.e. inheritance in a Joint Hindu Family.
New Delhi| The Supreme Court has ruled in favour of the daughters n property dispute matters today. According to the SC order, the daughters in Hindu Undivided Family (HUF) will now have an equal share in the father’s property. The Supreme Court clarified that the daughter would be entitled to equality, regardless of the father’s death before the Hindu Succession (Amendment) Act came into force in 2005.
Supreme Court Justice Arun Mishra said in the judgment, “Daughters should have the same right as sons. The daughter will always be a co-parcener, whether her father is alive or not.” A three-judge bench had heard several petitions in the case. The petition had sought to know whether, in the amended law, daughters have equal rights in inheritance or not.
What was the Hindu Succession Law?
The Hindu Succession Act was enacted in the year 1956. This law recognized the right of women to property i.e. inheritance in a Joint Hindu Family. However, even then the daughter was not given the status of co-parcener.
What changed in 2005?
In 2005, Parliament amended Section 6 of the Hindu Succession Act, 1956. It recognized daughters as a co-parcener with a son. Through this, women were given equal status as per the constitution in the property succession. This Hindu Succession (Amendment) Act came into force on September 9, 2005. Parliament admitted that not making daughters coparceners is discriminating against them.
Two methods on the inheritance of ancestral property
Mitakshara and Dayabhaga are based on two methods of Hindu law in India. Mitakshara is limited to most parts of the country. The main difference between the two is regarding inheritance and joint family system. Mitakshara recognizes the two methods of devolution of property, Survivorship and Succession. The law of survival applies to the property of the joint family and the law of succession applies to the separate property which is wholly owned by the deceased. On the other hand, Dayabhaga recognizes only one succession.