Property rights of women and daughters
T. Kalaiselvan, Advocate
(Querist) 02 November 2013
This query is : Resolved
Sir/Madam,
Can any one clarify the following:
Under the Hindu Succession (Amendment)Act 2005 (39of 2005);
1) A women who was married before commencement of the amended act is a coparcener and entitled to her share in the ancestral properties?;
2) Are the women who are married before the commencement of this amended act become a part of the Hindu Undivided Family property or whether they are members of the joint Hindu family?
3) If not what is their status as per the amended law?
4) Whether the said amendment was given retrospective effect?
prabhakar singh
(Expert) 02 November 2013
You see for yourself:
Amended section 6 opens as "(1) On and from the commencement of the Hindu Succession (Amendment) Act, 2005*, in a Joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall,—(a) by birth become a coparcener in her own right in the same manner as the son;
(b) have the same rights in the coparcenary property as she would have had if she had been a son;
(c) be subject to the same liabilities in respect of the said coparcenary property as that of a son,
and any reference to a Hindu Mitakshara coparcener shall be deemed to include a reference to a daughter of a coparcener:"
THAT IT IS NOT RETROSPECTIVE.
AND ALSO THAT MARRIAGE HAS NOTHING TO DO WITH her coparcenary right conferred upon her by the amending Act as if she was born as a son.Hence the amendment treats daughters as son to make them coparceners removing the gender bise.
Rajendra K Goyal
(Expert) 02 November 2013
Agree with the expert prabhakar singh ji.
sibasish pattanayak
(Expert) 03 November 2013
fully agree with Prabhakar ji.
as this is purely a civil right pre or post marriage is baseless issue,
