The Hindu Succession Act, 1956 originally preserved historical patriarchal structures, denying daughters equal rights in ancestral property. The Hindu Succession (Amendment) Act, 2005 marked a historic shift, dismantling gender discrimination and granting daughters equal coparcenary rights by birth.
1. Who is a Coparcener?
A coparcener is a member of a Hindu Joint Family who acquires an inherent right in the ancestral property by birth, along with the right to demand a partition of the estate. Historically, only male members up to three generations below the head of the family were recognized as coparceners.
2. The Historic 2005 Amendment (Section 6)
Effective from September 9, 2005, Section 6 of the Act was amended to declare that:
- A daughter of a coparcener shall by birth become a coparcener in her own right in the same manner as the son.
- She shall have the same rights in the coparcenary property as she would have had if she had been a son.
- She is subject to the same liabilities in respect of the coparcenary property as a son.
3. Retrospective Effect: The Vineeta Sharma v. Rakesh Sharma (2020) Ruling
For years, conflict existed in the courts on whether the father coparcener had to be alive on September 9, 2005, for the daughter to claim her share. In a landmark ruling, the Supreme Court held that:
- Daughters acquire coparcenary rights by birth, not by the death of the father.
- It is not necessary for the father to be alive on September 9, 2005. The right is retrospective, ensuring equal shares for all living daughters.