The Supreme Court has given an important decision regarding the rights of daughters over paternal property. In its important order, the court has said that daughters, like sons, have equal rights in father’s property under the amended Hindu Succession Act. A bench of Justice Arun Mishra said that even if the father had died before the law came into force, the daughter would still have rights over the property.
Justice Mishra said that the daughter is always a loving daughter for the rest of her life. The bench said that daughters would also have rights over paternal property even if the father had died before the Hindu Succession (Amendment) Act, 2005 came into force.
The court said that before and after 9 September 2005, the daughters would get a share in the assets of the Hindu undivided family. If the daughter is not alive, then her children will be considered eligible to get a stake in the property. The court said, it does not matter whether the daughter is alive or not. It will be applicable under any circumstances.
Explain that in the year 2005, a law was made that both son and daughter will have equal rights over the property of their father. However, it was not clear whether the law would apply to such a family if the father died before 2005. The court clarified that it had no transaction with the father’s death. If the father was not alive on September 9, 2005, the daughter would still have rights in her ancestral property. That is, despite the father’s death before September 9, 2005, the daughter’s right to be a partner will not be taken away.