Principle: Under Section 6 of the Hindu Succession Act (as amended in 2005), a daughter of a coparcener becomes a coparcener by birth in her own right in the same manner as a son.
Facts: A Hindu coparcener died in 2004 leaving ancestral property. His daughter claims coparcenary share in 2020. Is she entitled (Vineeta Sharma v. Rakesh Sharma)?
Answer and explanation
Correct answer: C. Yes, the right confers by birth and the father need not have been alive in 2005
- Step 1: Recall the landmark Supreme Court ruling in Vineeta Sharma v. Rakesh Sharma (2020).
- Step 2: The court held that the 2005 amendment confers coparcenary rights by birth.
- Step 3: The right vests from birth; therefore, it is irrelevant whether the father coparcener was alive or dead on the date the amendment came into force (9 September 2005).
Answer
Yes, the right confers by birth and the father need not have been alive in 2005.
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