Prior to 2005, daughters did not hold equal rights as sons over the parental property under the Hindu Succession Act of 1956. Come 2005, an amendment was moved to disallow gender-based discrimination of this nature and grant both sons and daughters equal coparcenary (assuming legal rights of ancestral/parental property) rights.
The Indian Express reports that now, taking another retroactive move, the Supreme Court of India has made an almost revolutionary decision regarding coparcenary rights between sons and daughters: that the latter is just as rightful of the parental property as the son, regardless of whether her father was alive during the 2005 Amendment of the Hindu Succession Act.
Bar and Bench informs us that the three-judge bench comprising Justices Arun Mishra, S Abdul Nazeer, and MR Shah stressed that the time of the birth of the daughter (whether before or after the 2005 Amendment) holds no importance, and she acquires it as soon as she is born. Hence, in effect, whether the father was alive at the same time is also an unnecessary factor.
This ruling marks another step towards gender equality in India, as the Supreme Court received acknowledgement and appreciation from the country’s citizens.
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