As a law firm specializing in the field of property and succession laws, we would like to draw your attention to Section 6 of the Hindu Succession Act, 1956. This particular section deals with the devolution of property in cases involving female Hindus. The provision was amended in the year 2005 to provide for equal rights to daughters in ancestral property.
Prior to this amendment, daughters were not considered as coparceners under the Hindu Succession Act, and their right over ancestral property was limited. However, after the amendment came into force, daughters were granted equal rights as sons over ancestral properties by birth itself.
The relevant statutory provisions governing this issue are contained within Sections 4(1), (2), (3) and Section 8 of the Hindu Succession Act. These sections collectively lay down that a daughter has coparcenary rights by birth just like a son and that these rights remain intact throughout her lifetime unless she chooses otherwise or gets married.
Furthermore, various landmark judgments have also been delivered which shed light on this matter. In Prakash & Ors v Phulavati & Anr (2016), it was held that even if a father died prior to this amendment coming into effect i.e., before September 9th, 2005; his daughter still has an inherent right over his share in ancestral property.
Similarly, another significant judgment was passed in Danamma @ Suman Surpur v Amar & Ors (2018) where it was clarified that any partition made between brothers who inherited ancestral properties cannot be binding on their sisters since they too have an absolute right under Sec-6 through Sec-8 under HSA’56
It is pertinent for Non-Resident Indians (NRIs) owning or inheriting such properties situated within India must be aware about these legal provisions while dealing with inheritance matters back home.The Law is well settled now including several judgements from Supreme Court and it is imperative that all rights holders must be aware of the same.
In conclusion, Section 6 of the Hindu Succession Act plays an important role in ensuring equal rights to daughters over ancestral property. This provision has been amended keeping in mind the changing socio-economic circumstances and gender discrimination. The law is now clear about its intent and meaning with backing from landmark cases settled by Supreme Court; thus helping NRIs to navigate inheritance issues smoothly if they seek rightful claim in ancestral properties.