Putting the last nail on male primacy, the Supreme Court ruling on Tuesday ruled equal coparcenary rights in joint hindu family property for daughters, even if father died before Hindu Succession (amendment) Act 2005 holding that daughters can’t be deprived of their Right to Equality.
Coparcenary property is the one which is inherited by a Hindu man from his father, grandfather, or great grandfather. The property in coparcenary is held as joint owners, and only a coparcener has a right to demand a partition of this property.
The confusion rising from apex court’s conflicting interpretations of amended Section6 of Hindu Succession Act which came into force on September 9, 2005 was ironed out by the three judge bench of Justices Arun Mishra, S. Nazeer and Mr. Shah in a landmark judgement on 11 Aug., 2020. However, daughters will not get be able to question the disposal or alienation of ancestral property by existing coparceners prior to December 20,2004.
The Supreme Court also noted that several suits and appeals across the country were pending before high courts and subordinate courts because it was looking at the issue. The courts have been directed to decide all pending matters, as far as possible, within a period of six months.