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Saturday, 20 March 2010

Equal rights in property for girls: Daughters are daughters for life!

Equal rights in property for girls: Daughters are daughters for life!
Mar 20, 2010
BANGALORE: In a year wherein the womens reservation Bill has finally materialised guaranteeing 33% reservation for them, here is more good news.

Karnataka High Court on Friday upheld the Hindu Succession Amendment Act, 2005. This means those daughters born after June 17, 1956, when the parent Hindu Succession Act came into force, can challenge proceedings with regard to their coparcenary properties. But they cannot challenge where there is a registered partition deed and when a partition has reached finality in court by a final decree from the highest court.

Son is a son until he gets a wife, however a daughter is a daughter throughout her life. A married daughter is also a co-parcener and is entitled to equal share like the son in the co-parcenary property and the marriage in no way affects her right to equal share in that property, the division Bench headed by Justice N Kumar observed. The Hindu Succession Amendment Act is curative, remedial in nature and wants to undo the injustice done to her in the last 50 years, the Bench said.

The amendment wants to give such rights from the day the Act came into force. This is the will of the people, the Bench observed.

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