Visualize a situation where you are economically week and not able to look after your family and kids after the divorce or separation with your husband due to domestic violence. It is a really precarious situation as a woman but there is some relief as per the landmark judgement of Supreme Court. A girl who has been born before 2005 can claim for coparcenary rights.
Carpentry refers to a person who can claim the property based on his birth. Financial dependency on father, husband or brother has been a matter of concern over the past years. Under the Hindu law, property is divided into two types: ancestral and self-acquired. Inherited property is defined as one that is hereditary up to four generations of male ancestry and should have remained exclusive all through this period.
The Supreme Court bench of Justices Arun Mishra, S Abdul Nazeer and MR Shah was hearing a bunch of pleas on whether the Hindu Succession Act 2005 can be applied retrospectively.
“The provisions contained in substituted Section 6 of the Hindu Succession Act, 1956 confer the status of coparcener on the daughter born before or after amendment in the same manner as a son with same rights and liabilities,” the bench said in its order.
“Daughters must be given equal rights as sons. A daughter remains a loving daughter throughout life. The daughter shall remain a coparcener throughout life, irrespective of whether her father is alive or not,” Justice Mishra remarked while reading out the order.