As per the notifications of the amendment, the daughters are also having the legacy right on the property if both the father and daughter were alive from the announcement of the law as of September 9, 2005. The Supreme Court has stated the judgment in the favour of daughters that they also have equal rights on the HUF property (Hindu Undivided Property). To redress the complications a committee including three judges clarifies that as per the rules of the Hindu Succession Act, the daughters also have individual rights on the parental property as in 2005.
The law and the rules of the amendment very clearly state that the daughters have the birthright on the property of her father as it is not mandatory that the father needs to be alive at the announcement of the amendment. This clarification of the law is mandatory as the daughters need to get aware of their rights. It is also clarified by the judges that as per the amendment the sons and daughters of the family conceive the equal legacy rights on their parental property.
It does not matter that whether the daughter of the family is alive or not but she is not alive during the amendment then her children can take the authority of the property right that she possesses. Her children can ask the property right on behalf of their mother even if she is not existence.
The court pointed out that the amendment has the extended rules that the sons and the daughters possess the same rights on the property of their parents. After such clarifications, the Supreme Court will redress such cases based on this type of wants and queries within six months.
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By LNN (Liyaans News Network)