According to the recent law, a woman can claim an equal share in the family property as a daughter as it stressed that the Hindu Succession Act. The act was amended in 2005 to give women equal inheritance rights – can have a retrospective effect. Will daughters really have equal rights in ancestral property?
It is stated that women will have an equal share in the undivided family property regardless of whether her father was alive when the law was amended in 2005 or not, stressing that the law has a retrospective effect. But how will it be is a far cry as most of the women in India do not claim their ancestral property.
Coparcener is a term used for a person who assumes a legal right in a parental property by birth only. Women were recognized as coparceners or joint legal heirs for partition arising from 2005. Section 6 of the Act was amended that year to make a daughter of a coparcener also a coparcener by birth “in her own right in the same manner as the son”. The law also gave the daughter the same rights and liabilities. In most cases, it is seen that women never claim their property. While the 2005 law granted equal rights to women, questions were raised in multiple cases on whether the law applied retrospectively. So, the question is unanswered- Will daughters really have equal rights in ancestral property?
The law applies to ancestral property and to intestate succession in personal property — where succession happens as per law and not through a will. The 174th Law Commission Report had also recommended this reform in Hindu succession law. In a country like India, it is very skeptical that such a law will be implemented. Will daughters really have equal rights in ancestral property?