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 amended 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 coparcener had died prior to the coming into force of the Hindu Succession (Amendment) Act, 2005.
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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.
In a landmark judgement of 2019, the apex court has held that a 2005 law that made the daughters equal to sons in matters of father's property will have a retrospective effect even for daughters born prior to the law coming into force on September 9, 2005.
The 2005 amendment in the Hindu Succession Act did not provide its retrospective operation.
Inputs from agency
