Vineeta Sharma v. Rakesh Sharma

Citation(2020) 9 SCC 1 / 2020 INSC 571
Case NumberCivil Appeal No. 32601/2018
BenchArun Mishra J., S. Abdul Nazeer J., M.R. Shah J.
Date of Decision11 August 2020
CategoryHUF Partition
Statutes Cited["Hindu Succession Act 1956 - Section 6","Hindu Succession (Amendment) Act 2005"]
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Ratio Decidendi

Daughters are coparceners by birth with same rights as sons in HUF property. Amendment to Section 6 of HSA 1956 is retrospective. Father need not be alive on 09.09.2005.

Headnotes

["Coparcenary rights acquired by daughters on birth","Father need not be alive when 2005 amendment passed","Right is by birth, not by survival of father","Overruled Prakash v. Phulavati on prospective application"]

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Our Analysis

Daughters Can Now Claim Family Property—Here's How by Rajeev Krishnamurthy · 8 April 2026