The Orissa High Court has reiterated the equal coparcenary rights of daughters to inherit ancestral property, regardless of the date of their father's death. This affirmation is based on the Hindu Succession (Amendment) Act of 2005, as emphasized by the Supreme Court's landmark decision in Vineeta Sharma v. Rakesh Sharma & Ors.
The Division Bench of Justice Bidyut Ranjan Sarangi and Justice Murahari Sri Raman explained that the amendment grants daughters the same coparcenary rights as sons in joint families governed by the Mitakshara law. Daughters have the right to agitate for their share in joint family property and bear the same responsibilities as sons.
The High Court's observations were made in a case where the father of the petitioner passed away on March 19, 2005, after which her three brothers had the property mutated in their names. However, the petitioner and her two sisters challenged this action before the Sub-Collector, Sundargarh. The Sub-Collector ruled in their favor, directing the inclusion of the daughters' names in the Record of Rights (RoR) alongside their brothers. The petitioner was then entitled to an equal share in the property. Nevertheless, the Claims Commission later reversed this decision, citing the Supreme Court's judgment in Prakash & Ors. v. Phulabati & Ors., which denied daughters the right to inherit as coparceners, particularly when their fathers had died prior to the 2005 amendment.
The High Court, however, pointed out that the Claims Commission had erred in relying on the Prakash case, as its ruling was rendered before the judgment in Vineeta Sharma. The Court held that the daughter's right to inherit her father's property as a coparcener commences from the date the Amendment Act came into effect in 2005. It emphasized that the 2005 amendment has retrospective effect, enabling daughters to claim their rights throughout their lives, irrespective of whether their fathers were alive at the time of the amendment.
The Court also noted that while the Mitakshara school traditionally granted sons equal rights to the joint family property by birth, daughters were not afforded the same right. However, states like Andhra Pradesh, Tamil Nadu, Maharashtra, and Karnataka amended their laws to grant daughters coparcenary rights, leading to the enactment of the Hindu Succession (Amendment) Act of 2005 by the Parliament.
Given the retrospective nature of the amendment, the Court remanded the case back to the Claims Commission for fresh adjudication, instructing it to consider the current legal position. The Court recognized the daughter's equal share in the undivided family property as a coparcener by birth.
This decision by the Orissa High Court reaffirms daughters' rights to ancestral property and provides clarity on the application of the 2005 amendment. It ensures equal treatment for daughters in matters of inheritance and reinforces the principle of gender equality in succession laws.
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