The Hindu Succession (Amendment Act), 2005 [the Act for short] which came into effect on 09.09.2015 and by which daughters in a joint Hindu family, governed by Mitakshara law, were granted statutory right in the coparcenary property (being property not partitioned or alienated) of their fathers applies only if both the father and the daughter are alive on the date of commencement of the Amendment Act

 

Recently, Delhi High court in the case of sujata sharma vs manu gupta[1] has held that,

All rights which were available to a Hindu male are now also available to a Hindu female. A daughter is now recognised as a co-parcener by birth in her own right and has the same rights in the co-parcenary property that are given to a son. Consequently, the eldest daughter is entitled to be the Karta of the HUF

Recently, Supreme court in the case of prakash-vs-phulvati [2] has held that,

Accordingly, we hold that the rights under the amendment are applicable to living daughters of living coparceners as on 9th September, 2005 irrespective of when such daughters are born. Disposition or alienation including partitions which may have taken place before 20th December, 2004 as per law applicable prior to the said date will remain unaffected. Any transaction of partition effected thereafter will be governed by the Explanation.

 

 

 

[1] – http://itatonline.org/archives/sujata-sharma-vs-manu-gupta-delhi-high-court/

[2] – http://itatonline.org/archives/prakash-vs-phulvati-supreme-court-law-on-prospective-vs-retrospective-operation-of-legislation-explained-the-hindu-succession-amendment-act-2005-which-came-into-effect-on-09-09-2015-and-by-which/