In which Amendment Act, in a Joint Hindu family governed by the Mitakshara law will the daughter of a…
"The Hindu Succession (Amendment) Act, 2005" substituted Section 6 of the Hindu Succession Act, 1956 so that the daughter of a coparcener in a Mitakshara joint Hindu family…
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In which Amendment Act, in a Joint Hindu family governed by the Mitakshara law will the daughter of a coparcener by birth become a coparcener in her own right in the same manner as the son?
Answer and explanation
Correct answer A
"The Hindu Succession (Amendment) Act, 2005" substituted Section 6 of the Hindu Succession Act, 1956 so that the daughter of a coparcener in a Mitakshara joint Hindu family becomes a coparcener by birth in her own right, in the same manner as a son, with the same rights and liabilities. The original 1956 Act did not give daughters this status, and the Indian Succession Act, 1925 and the Special Marriage Act, 1954 do not govern coparcenary rights. In Vineeta Sharma v. Rakesh Sharma (2020), the Supreme Court held that the daughter's right does not depend on her father being alive when the amendment came into force.
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