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SC rules retrospective effect for daughter's right in joint Hindu family property
The provisions of the amended law shall confer the status of coparcener on the daughter born before the amendment also, the apex court ruled. Besides, "it is not necessary that father coparcener should be living as on September 9, 2005.”

NEW DELHI, Aug 11: The Supreme Court on Tuesday held that daughters, like sons, have an equal birth right to inherit joint Hindu family property. The court decreed that the amended Hindu Succession Act 2005, which gives daughters the equal right, will have retrospective effect.

A three-judge bench headed by justice Arun Mishra ruled that the 2005 law, which amended the Hindu Succession Act, 1956, would also apply irrespective of whether she was born before or after the amendment. “A daughter always remains a loving daughter," the court observed.

Section 6(1)(a) in the 2005 amendment Act had said that coparcenary benefit will apply “on and from the commencement of the Amendment Act of 2005 with effect from September 9, 2005.”

In 2016 the Supreme Court held in a case that the father must be alive for daughters to claim succession rights. The present order overrules that also: "Since the right in coparcenary is by birth, it is not necessary that father coparcener should be living as on September 9, 2005.”

Therefore, the provisions confer the status of coparcener on the daughter born before or after the amendment in the same manner as a son with the same rights and liabilities.

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