Danamma vs Amar Singh
⚖️ Danamma vs Amar Singh & Ors (2018)
Court:
Supreme Court of India
Citation:
(2018) 1 SCC 757
Bench:
3-judge bench
Date of Judgment:
January 10, 2018
1️⃣ Facts of the Case
The case concerns inheritance rights of daughters in a Hindu Undivided Family (HUF).
Background:
Danamma was the daughter of a coparcener in a Hindu Joint Family.
She sought equal coparcenary rights in the family property under Section 6 of the Hindu Succession (Amendment) Act, 2005.
Dispute:
Amar Singh and other male members denied her coparcenary rights, claiming she was born before the 2005 amendment, and thus had no equal rights as sons.
2️⃣ Legal Issues
Whether daughters born before 2005 have equal rights as coparceners in ancestral property.
Whether Section 6 of the Hindu Succession (Amendment) Act, 2005 applies to daughters born before the amendment.
3️⃣ Relevant Legal Provision
Section 6, Hindu Succession Act, 1956 (Amendment 2005):
Grants daughters the same rights and liabilities as sons in coparcenary property by birth.
4️⃣ Judgment
Supreme Court Ruling:
The Court held that daughters, irrespective of their date of birth, have equal coparcenary rights in HUF property.
The 2005 amendment applies to all daughters, including those born before the amendment came into force.
Danamma, as a daughter, has the right to demand partition and claim her equal share in ancestral property.
Principle Laid Down:
Gender equality in coparcenary property is absolute.
Historical discrimination against pre-2005 daughters is invalid.
5️⃣ Significance of the Case
Landmark Decision on Gender Equality:
Ensures daughters have equal status as sons in Hindu Undivided Families.
Clarification on 2005 Amendment:
Confirms that Section 6 applies to all daughters, regardless of birth year.
Inheritance Rights:
Daughters can:
Demand partition of ancestral property
Share equally in coparcenary property
Bear liabilities like sons in family debts
Impact:
Strengthened women’s property rights and eliminated gender-based discrimination in HUF property.
6️⃣ Key Takeaways
Daughters are coparceners by birth in HUF property.
Equal rights and liabilities as sons in ancestral property.
Section 6 of Hindu Succession (Amendment) Act, 2005 is retrospective for daughters, ensuring fairness and equality.
Daughters can demand partition and inheritance, even if born before 2005.
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