Coparcener is a person who has a birthright to parental property. Earlier, as per Hindu Succession Act 1955, only son was considered as coparcener having birthright to parental property and daughters did not have this right.
HINDU SUCCESSION (AMENDMENT) ACT 2005
- The Hindu Succession (Amendment) Act, 2005 included daughters to be coparceners to parental property in Joint Hindu Family.
The 2005 Amendment: Section 6 - Devolution of interest in coparcenary property
- by birth become a coparcener in her own right the same manner as the son.
- have the same rights in the coparcenery property as she would have had if she had been a son.
DECISION OF SUPREME COURT - 2020
- Supreme Court has held that daughters have an equal birthright along with sons to inherit joint Hindu family property. The Supreme Court held that the amended Hindu Succession Act, which gives daughters equal rights to ancestral property, will have a retrospective effect as rights of daughters are accrued by their birth.
- Thus, the Court agreed with the view that the substituted Section 6 of the Hindu Succession Act, 1956 confers the status of ‘coparcener’ to a daughter born before or after the amendment in the same manner as a son.
- Since the right to coparcenary of a daughter is by birth, it is not necessary that the father should be alive as on September 9, 2005. The Supreme Court has thus overruled an earlier 2015 decision.