In today’s judgment “The Supreme Court of India” clearly stated that the daughter will have an equal right in the property of the “Hindu Undivided Family”, the same as the sons. A three-judge bench headed by Justice Arun Mishra, clearly stated that the daughter will have the right, regardless of whether her father is alive or not, as on the date of the 2005 Amendment in the Hindu Succession Act.
Section 6 of the Hindu Succession Act 1956 is also amended and was made part of the Hindu Succession (Amendment) Act 2005. Based on the amendment, decisions were given saying that a daughter would be having the right in property, only in case both the daughter and her father are alive as in 2005, September 9. As it is the date on which the amendment was notified. So today’s Supreme Court judgment had given clearance for the different perspectives based on which decisions were given by the top courts.
The rights of the daughter will be the same as the son and are entitled to a share in the property of her father. This also means that even if the daughter is not alive as on 9th September 2005, her children would have a right to claim her share.
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