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1 - 10 of 12 (0.22 seconds)The Indian Succession Act, 1925
Section 372 in The Indian Succession Act, 1925 [Entire Act]
Section 384 in The Indian Succession Act, 1925 [Entire Act]
Section 373 in The Indian Succession Act, 1925 [Entire Act]
Section 4 in The Indian Succession Act, 1925 [Entire Act]
Vineeta Sharma vs Rakesh Sharma on 11 August, 2020
In the case of Vineeta Sharma vs. Rakesh Sharma
reported in AIR 2020 Supreme Court 3717, a three-judge bench of
the Hon'ble Supreme Court, interpreting the Hindu Succession
(Amendment) Act, 2005, to ensure gender equality in Hindu
inheritance laws, held that daughters have co-parcenary rights by
birth, just like sons, and these rights are not dependent on the survival
of their father as of 2005. The Court emphasized that co-parcenary
status is conferred by birth, making a daughter's entitlement to
ancestral property absolute and independent of any other condition.
Hon'ble Supreme Court has also ruled that the 2005 amendment has
retrospective effect, meaning that it applies to all pending cases where
inheritance rights were still unsettled. However, it does not operate
retroactively, which means it does not reopen settled partitions or
transactions that were lawfully concluded before 2005.