Vineeta Sharma v Rakesh Sharma
🧑⚖️ Vineeta Sharma v. Rakesh Sharma (2020)
Citation: (2020) 9 SCC 1
Court: Supreme Court of India
Date of Judgment: 11 August 2020
Bench: Justice Arun Mishra, Justice S. Abdul Nazeer, Justice M.R. Shah
📝 Background / Facts:
Vineeta Sharma was the daughter of a Hindu man who died in 1999.
After her father’s death, a dispute arose about coparcenary property (ancestral property).
She claimed a share in the property as a daughter under the Hindu Succession (Amendment) Act, 2005.
The opposing side argued that since her father died before 2005, she had no right to coparcenary property.
There were conflicting judgments by earlier benches of the Supreme Court (e.g., Prakash v. Phulwati, Danamma v. Amar), so a larger bench was formed to clarify.
📜 Legal Issue:
Can a daughter be considered a coparcener under Hindu law even if her father died before 9 September 2005, the date of the 2005 amendment?
⚖️ Relevant Law:
Hindu Succession (Amendment) Act, 2005
Gave daughters equal rights as sons in coparcenary property.
🧠 Supreme Court’s Judgment:
YES, daughters have equal coparcenary rights, even if the father died before 2005.
✅ Key Rulings:
Coparcenary right of daughters is by birth, not dependent on father's death.
The 2005 amendment applies retroactively (even to earlier-born daughters).
A daughter can claim partition and demand her equal share, just like a son.
Earlier contradictory decisions (like Prakash v. Phulwati) were overruled.
Pending suits can also be reopened to allow daughters to claim their rights.
🔍 Summary Table:
| Point | Vineeta Sharma v. Rakesh Sharma (2020) |
|---|---|
| Issue | Can daughters inherit coparcenary property if father died before 2005? |
| Held | ✅ Yes — daughters have equal rights by birth |
| Amendment | Hindu Succession (Amendment) Act, 2005 |
| Overruled | Prakash v. Phulwati (2016) |
| Applied Retroactively | ✅ Yes — applicable even if father died before 2005 |
🧠 Important Concepts from the Case:
| Term | Meaning |
|---|---|
| Coparcener | A person with a birthright in joint Hindu family property |
| Partition | Legal division of property among coparceners |
| Stridhan | Property owned by a woman (not the same as ancestral property) |
🎓 Legal Impact:
Strengthened gender equality in Hindu succession law.
Empowered daughters in joint family property disputes.
Aligned personal law with constitutional principles of equality (Article 14).
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