New Delhi: In a landmark judgement, the Apex Court, on Tuesday upheld the rights of a daughter, making it clear that she has every right to claim share in a Hindu Undivided Family (HUF) property.
A three-judge bench headed by Justice Arun Mishra said that daughters will have a right in the parental property in accordance with the 2005 amendment in the Hindu Succession Act.
“Once a daughter, always a daughter… a son is a son till he is married. The daughter shall remain a coparcener (one who shares equally with others in inheritance of an undivided joint family property) throughout life, irrespective of whether her father is alive or not.” the Court said.
This judgment has now settled the ambiguity around the nature and extent of a daughter’s rights to an HUF property.
The court today said a woman will have an equal share in undivided family property regardless of whether her father was alive when the law was amended in 2005 or not, stressing that the law has a retrospective effect.
In 2005, the amendment did not provide a retrospective operation. “Sons and daughters of a coparcener become coparceners by virtue of birth,” according to the amendment.
