What are the rights and liabilities of the daughters in the Hindu Mitakshara Coparcenary Property?

Question: What are the rights and liabilities of the daughters in the Hindu Mitakshara Coparcenary Property?

Find the question and answer of Hindu Law only on Legal Bites. [What are the rights and liabilities of the daughters in the Hindu Mitakshara Coparcenary Property?]

Answer

Prior to Hindu Succession (Amendment) Act, 2005, only male descendent can be a coparcener but after 2005, female descendants are also entitled to be a coparcener on the property. According to Section 6(1) of the Hindu Succession (Amendment) Act, 2005, the daughter of a coparcener in a Joint Hindu Family governed by Mitakshara Law shall become a coparcener in her own right by birth in the same manner as the son. She shall have the same right in the coparcenary property as she would have had if she had been a son. These rights include but are not limited to:

1. Right to common possession and common enjoyment.
2. Right to enforce partition.
3. Right to restrain unauthorized acts.
4. Right to ask for accounts.
5. Right to maintenance.
6. Right to alienation.
7. Right to renounce interest, etc.

The Supreme Court in Prakash v. Phulavati, (2016) 2 SCC 36, has held that the rights under the 2005 Amendment are applicable to living daughters of living coparceners as on September 9, 2005, i.e. the date of commencement of the 2005 Amendment, irrespective of when such daughters are born. The Court further held that the 2005 Amendment stipulates that a daughter would be a coparcener from her birth and would have the same rights and liabilities as that of a son.

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