Case Law Details
Vineeta Sharma vs. Rakesh Sharma (Supreme Court) (Larger Bench)
Judgement by Apex Court on August 11, 2020 under Hindu Succession (Amendment) Act, 2005:
Equality reaffirmed by the Supreme Court in a recent judgement delivered on August 11, 2020. It has been held that a daughter will have a share under the Hindu Succession (Amendment) Act, 2005, irrespective of whether her father was alive or not at the time of the amendment.
This ensures that the daughter has equal / pari passu rights on the ancestral property. Generally, in India, inheritance benefits are passed on to the sons / male members leaving daughters with no rights on the ancestral family wealth. It is worthwhile to note that judgement entails daughter to remain a coparcener* (section 6 of the Act) throughout the life irrespective of father being alive. No second thought that this judgement now overrides / over rules all the previous contradictory judgements passed.
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Author Bio
A registered partition deed made in the year 1972 and daughter was minor by that time and father acted as guardian and now can she challenge such partition deed since she not received any share in the properties apart from very less of 2 acres in place of 120 acres in HUF among 7 members.