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SC gives equal inheritance right to daughters from 1956

The bench said whether the father is alive or not, daughters born before September 9, 2005, too can claim equal right in inheritance.

In a landmark judgment, Supreme Court has ruled that daughters will have inheritance rights equal to those of sons from properties of fathers and grandfathers right from the codification of the law in 1956.

A bench of Justices Arun Mishra, S Abdul Nazeer and MR Shah cleared the confusion arising from the apex court’s conflicting interpretations of the amended Section 6 of Hindu Succession Act, which came into force from September 9, 2005. The bench said whether the father is alive or not, daughters born before September 9, 2005, too can claim equal right in inheritance.

The apex court said, daughters cannot be deprived of their right to equality conferred by Section 6 of the Act. The apex court was answering a reference based on conflicting decisions given by past verdicts of the top court.

Although the amendment was applicable to Hindu daughters as coparceners who died after coming of the act, there was no clarity on whether it will have retrospective effect.

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