A bench of Justices Arun Mishra, S Abdul Nazeer and MR Shah have declared the decision and clarified the confusion regarding this.
“The provisions contained in substituted Section 6 of the Hindu Succession Act, 1956, confer status of coparcener (equal rights in inheritance) on the daughter born before or after amendment in the same manner as son with same rights and liabilities. The rights can be claimed by the daughter born earlier with effect from September 9, 2005,” Justice Mishra said in the 121-page judgment.
This is the amendment of the section 6 of Hindu succession Act, that came into force from September 9, 2005. As per the bench,whether the father was alive or not, daughters born before September 9, 2005, could claim equal right in property too.
“It is only a case of enlargement of the rights of daughters. The rights of other relatives remain unaffected as prevailed in the proviso to Section 6 as it stood before the amendment,” the SC said.
According to the bench, "The goal of gender justice, as constitutionally envisaged, is achieved, though belatedly, and the discrimination made is taken care by substituting the provision of Section 6 by the 2005 amendment Act. The classic Shastric Hindu law excluded the daughter from being coparcener, which injustice has now been done away with by amending the provisions in consonance with the spirit of the Constitution.”
Justice Mishra opined that "A son is a son until he gets a wife. A daughter is a daughter throughout her life." This quote expressed that the importance of daughters. This is nothing but the expansion of their right. This step would brought new disciplines in the society.
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