Hindu women get equal property rights

A Hindu woman or girl will have equal property rights along with other male relatives for any partition made in intestate succession after September 2005, the Supreme Court has ruled.
A bench of justices R M Lodha and Jagdish Singh Khehar in a judgement said that under the Hindu Succession (Amendment) Act, 2005, the daughters are entitled to equal inheritance rights along with other male siblings, which was not available to them prior to the amendment.

The apex court said the female inheritors would not only have the succession rights but also the same liabilities fastened on the property along with the male members.

"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 coparcener 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,"Justice Lodha, writing the judgement, said.

The term coparcener refers to the equal inheritance right of a person in a property.

The apex court passed the ruling while upholding the appeal filed by Ganduri Koteshwaramma, daughter of late Chakiri Venkata Swamy, challenging the Andhra Pradesh High Court's decision not to recognise equal property rights of women along with their male siblings.

According to the apex court, the right that 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 under certain circumstances.

The exceptions are (i) where the disposition or alienation including any partition has taken place before December 20, 2004; and (ii) where testamentary disposition of property has been made before December 20, 2004.

"In light of a clear provision contained in the explanation appended to sub-section (5) of Section 6, for determining the non-applicability of the Section, what is relevant is to find out whether the partition has been effected before December 20, 2004 by deed of partition duly registered under the Registration Act, 1908 or by a decree of a court," the bench said.
Name

2426Q DUE DATE 44AB 44AE 44AF 49A 49AA 54 54B 54EC 54f 80C 80CCC 80CCD 80CCE 80CCF 80E 89(1) aces agricultural land amt on llp bank BANKS bounced cheque BUDGET BUDGETING buyers agreement CA AUDIT LIMIT capital gain carry forward losses challan booked status challan correction changes in challan changes in pan application form changes in pan data CIC CII citizen charter delhi companies tax rates company pan coparcener CORRECTION IN BANK CHALLAN correction in challan correction in etds return COST INFLATION INDEX CREDIT CARD DEDUCTION DEFAULT NOTICES dividend distribution tax (DDT) documents with pan DUE DATE FOR SERVICE TAX RETURN e paymnet of excise duty e-payment of service tax e-return by Legal Heir efiling of return elss etd return rejection ETDS etds return due date etds statement correction exchange traded funds excise return fcnr FESTIVAL SEASON firm tax rates FORM 16A form 24Q DUE DATE FORM 27Q DUE DATE free software er-1 free software st-3 FVU get pan with name and dob gift gold gold etf gratuity taxabilty house HOUSE LOAN house property house purchase agreement purchase house rent calculator house sale how to calculate tds on salary hra hra calculation huf pan huf (hindu undivided family) icai toolbar identity proof income tax challan income tax help toolbar income tax rates income tax rates firms income tax rates llp income tax refund income tax return income tax slabs individual pan INFRASTRUCTURE BONDS inter head adjustment inter source adjustment INTEREST INTEREST ACCRUED ON NSC interest on late closer kvp nsc time deposit post office interest on late deposit interest rate on tds late deposit investment plans itr-v itr-v status joint account kissan vikas patra know your pan kvp late deposit of tds leave travel concession lic life insurance limited liability partnership llp loan against rent long term capital gain ltcg mandatory e filing mat(minimum alternate tax ) minor pan mutual fund statement mutual funds negotiable instrument act new pan application form nri nro nsc NSC INTEREST pan application pan data pan form pan name pan verification pan with name physical gold pio POST OFFICE RB ACCOUNT post office time deposit ppf ppf limit 100000 ppf Limit 70000 or 100000 PREPAYMENT CHARGES proof of residence public provident fund RBI registration at aces relief on gratuity repo rate return verification reverse repo rate REVISED ETDS RETURN revised return RIGHT TO INFORMATION RTI saving bank rate SBI scrutiny cases scrutiny guidlines ay 2010-11 SERVICE TAX SERVICE TAX RETURN DUE DATE NOTIFICATION SERVICE TAX RETURN set off losses SHOPPING short term capital gain stcg SUB CONTRACTOR TAN REGISTRATION tax on gratuity tax on salary income tax rate on llp. tax savings TCS RATES TDS 194 A tds certificate TDS IN COURT CASE TDS ON AGRICULTURE LAND TDS ON COMPENSATION tds on salay TDS RATES TDS RATES 10-11 TDS RATES 11-12 who can sign return WORKS CONTRACTOR
false
ltr
item
Income Tax India: Hindu women get equal property rights
Hindu women get equal property rights
Income Tax India
http://www.itaxindia.org/2011/10/hindu-women-get-equal-property-rights.html
http://www.itaxindia.org/
http://www.itaxindia.org/
http://www.itaxindia.org/2011/10/hindu-women-get-equal-property-rights.html
true
5564153621212213756
UTF-8
Not found any posts Not found any related posts VIEW ALL Readmore Reply Cancel reply Delete By Home PAGES POSTS View All RECOMMENDED FOR YOU Tag ARCHIVE SEARCH ALL POSTS Not found any post match with your request Back Home Contents See also related Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sun Mon Tue Wed Thu Fri Sat January February March April May June July August September October November December Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec just now 1 minute ago $$1$$ minutes ago 1 hour ago $$1$$ hours ago Yesterday $$1$$ days ago $$1$$ weeks ago more than 5 weeks ago Followers Follow THIS CONTENT IS PREMIUM Please share to unlock Copy All Code Select All Code All codes were copied to your clipboard Can not copy the codes / texts, please press [CTRL]+[C] (or CMD+C with Mac) to copy