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VOL. 7, ISSUE 1 (2021)
Daughters equal right in the coparcenary property in India: Legislative and judicial perspectives
Authors
Ajit Singh Chahal
Abstract
The Constitution of Indian provides the equal rights for both men and women in all respect even in property also because it was the real intention of the framers of our Constitution and specifically Dr. B. R. Ambedkar worked a lot in this regard. In 2020, the rights of daughter to be a coparcener in Mitakshara coparcenary has been given equal to that of a son by the Supreme Court of India. The codification of Hindu law and particularly women's rights were taken care of, and attempts were made to remove the anomalies and unscrupulous practices by the steps taken under able leadership of India’s 1st Law Minister Babasaheb Dr. Bhimrao Ramji Ambedkar from 11th April 1947 to 27th September, 1951. After the independence, necessity was by felt Babasaheb Dr. Bhimrao Ramji Ambedkar to give the Constitutional imperatives to bring about equality of status and later on it was codified as the Hindu Succession Act, 1956 which has been amended from time to time till the Hindu Succession (Amendment) Act, 2005. Section 6 of the Hindu Succession Act, 1956 as amended by Hindu Succession (Amendment) Act, 2005 interpreted by the full bench of Supreme Court of India in Vineeta Sharma v. Rakesh sharma & ors., (2020). Therefore, in this paper we have to discuss pre-constitutional position of traditional and religious values with historical perspective of the concept, the Hindu Code Bill, post-constitutional position, the Hindu Succession Act, 1956, the Hindu Succession (Amendment) Act, 2005, Outcome of amplification of daughter’s rights and some judicial interpretations with respect to Daughters Equal Right in the Coparcenary Property will be discussed for brief analysis in this research work.
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Pages:202-206
How to cite this article:
Ajit Singh Chahal "Daughters equal right in the coparcenary property in India: Legislative and judicial perspectives ". International Journal of Law, Vol 7, Issue 1, 2021, Pages 202-206
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