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A daughters progress

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Per the Hindu Succession Act, unmarried and separated daughters could be members of the joint Hindu family, but not a part of the coparcenary.

This exclusion of daughters from the coparcenary changed in , with the passage of the Hindu Succession Amendment Act. The amendment provided equal rights and liabilities to daughters — irrespective of their marital status — in property of the joint Hindu family, with right to claim partition or dispose their share of the coparcenary property by way of a will.

While the amendment was a landmark judgment in providing equal rights to daughters, some questioned its applicability. Some argued that the amendment would only apply to daughters born on or after the day of amendment, or only if the father was alive on that date.

Thus, all daughters became members of their coparcenary at the time of their birth, including daughters born before the amendment.

The Court also ruled that coparcener rights are established at birth, rather than upon the death of a father, putting aside the previous argument that daughters could not be coparceners in cases where the father had died before passage of the amendment.

The court further emphasized that in dealing with cases of partition, an oral or unregistered memorandum of partition should be rejected, as they can be used to deprive the daughter of her rights as a coparcener.

The judgement pronounces, loudly and unequivocally, that daughters and sons are equally important members of the parental family and have the same rights and liabilities.

A milestone on its own, there is hope that this judgment will pave the way for removing the remaining inequalities within the Hindu Succession Act.

Significantly, the act prescribes different orders of succession for property owned by a woman and a man, and the order of succession for distant heirs still prefers males in male lineages.

Additionally, the provision of will continues to be excessively used to disinherit daughters. This clarification resolves several confusions regarding the applicability of the amendment and clarifies the path of legal justice for daughters in India.

Whereas the joint Hindu family consists of all persons lineally descended from a common ancestor, and includes unmarried and separated daughters, the coparcenary membership is traditionally limited to males in the joint family who acquire, by birth, a legal right in the property.

Members of the coparcenary have a right to demand a partition division of the property whenever they like. Per the Hindu Succession Act, unmarried and separated daughters could be members of the joint Hindu family, but not a part of the coparcenary.

This exclusion of daughters from the coparcenary changed in , with the passage of the Hindu Succession Amendment Act. The amendment provided equal rights and liabilities to daughters — irrespective of their marital status - in property of the joint Hindu family, with right to claim partition or dispose their share of the coparcenary property by way of a will.

While the amendment was a landmark judgment in providing equal rights to daughters, some questioned its applicability. Some argued that the amendment would only apply to daughters born on or after the day of amendment, or only if the father was alive on that date.

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A Daughters Progress Video

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