In the context of Hindu Succession Act, 1956, in which of the following cases did the Supreme Court of…
Vineeta Sharma held that daughters acquire Mitakshara coparcenary status by birth, with the same rights and liabilities as sons. A daughter born before the 2005 amendment…
Choose your answer
In the context of Hindu Succession Act, 1956, in which of the following cases did the Supreme Court of India hold that 'daughters are of a lifetime and not just after 2005'?
Answer and explanation
Correct answer B
Vineeta Sharma held that daughters acquire Mitakshara coparcenary status by birth, with the same rights and liabilities as sons. A daughter born before the 2005 amendment can claim the statutory right from 9 September 2005, and her father need not have been alive on that date. Protected dispositions and partitions before 20 December 2004 remain subject to the statutory saving. The quoted observation belongs to this case.
Current law: Uttarakhand’s UCC supplies a separate intestate-succession framework within its scope. Its operation on an estate must be considered separately from the historical HSA section 6 coparcenary holding; this answer does not imply that every joint-family property rule was simply repealed. UCC section 390 supersedes prior rules only insofar inconsistent on covered matters and preserves accrued rights and pre-commencement proceedings.
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