SC- Hindu Woman Entitled to Same Property Rights as other Male Siblings

The Supreme Court in the case of Ganduri Koteshwaramma & Anr. vs Chakiri Yanadi & Anr. held that a Hindu lady will have equal property rights as her other male siblings, for partitions made in intestate succession after September 2005.

A Division Bench of Justice R.M. Lodha and Justice Jagdish Singh Khehar upheld the order of the trial court while also setting aside the judgment of the Andhra Pradesh High Court’s decision which did not recognize the same property rights of Hindu daughters as their brothers. The Apex Court held that
female inheritors would not only have the same succession rights but also the same liabilities in respect of the coparcenary property as that of her male siblings.

Section 6 of the Hindu Succession Act, after the amendment, states as under:

“6. Devolution of interest in coparcenary property. —(1) On and from the commencement of the Hindu Succession (Amendment) Act, 2005*, in a Joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall,—

(a) by birth become a coparcener in her own right in the same manner as the son;

(b) have the same rights in the coparcenary property as she would have had if she had been a son;

(c) be subject to the same liabilities in respect of the said coparcenary property as that of a son,

and any reference to a Hindu Mitakshara coparcener shall be deemed to include a reference to a daughter of a coparcener:

Provided that nothing contained in this sub-section shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before the 20th day of December, 2004.”

The Supreme Court stated in its judgment:

“14. The new Section 6 provides for parity of rights in the coparcenary property among male and female members of a joint Hindu family on and from September 9, 2005. The Legislature has now conferred substantive right in favour of the daughters. According to the new Section 6, the daughter of a copercener becomes a coparcener by birth in her own rights and liabilities in the same manner as the son. The declaration in Section 6 that the daughter of the coparcener shall have same rights and liabilities in the coparcenary property as she would have been a son is unambiguous and unequivocal. Thus, on and from September 9, 2005, the daughter is entitled to a share in the ancestral property and is a coparcener as if she had been a son.

15. The right accrued to a daughter in the property of a joint Hindu family governed by the Mitakshara Law, by virtue of the 2005 Amendment Act, is absolute, except in the circumstances provided in the proviso appended to sub-section (1) of Section 6.”

Thus, the Supreme Court observed that because of the amendment brought in by the Hindu Succession (Amendment) Act, 2005, the Hindu women or girls were now entitled to the same inheritance rights as their brothers. (Image taken from here.)

If you wish to avoid family disputes over your inheritance please read our article on How to Make a Will.

Keywords: hindu succession act, Hindu Succession Amendment Act, Ganduri Koteshwaramma, Chakri Yanadi, Hindu Law, intestate, property, Hindu Jointr Family, Hindu Women, Women's Laws