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Daughters Have Equal Rights In Ancestral Property, Even If They Were Born Before Enactment Of Hindu Succession Act

The Supreme Court in DANAMMA @ SUMAN SURPUR & ANR. vs AMAR & ORS. has held that daughters who were born before the enactment of Hindu Succession Act 1956 are entitled to equal shares as son in ancestral property. The ruling was rendered in an appeal filed by daughters challenging a decree in a partition suit, which excluded them from partition.

The partition suit was filed by the grandson of the deceased propositus of a joint family in 2002. The Trial Court held that daughters were not entitled to share in property, as they were born before 1956, the year of enactment of Hindu Succession Act. The Trail Court also denied them the benefit of 2005 amendment, which conferred equal coparcenary status to daughters as sons. The High Court upheld the decree of the Trial Court.

 Article referred: http://www.livelaw.in/daughters-equal-rights-ancestral-property-even-born-enactment-hindu-succession-act-holds-supreme-court-read-judgment/

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