Vineeta Sharma v. Rakesh Sharma

In the landmark case of Vineeta Sharma v. Rakesh Sharma, the Hon’ble Supreme Court of India reaffirmed the principle of gender equality in inheritance rights under Hindu law. Decided on August 11, 2020, by a three-judge Bench led by Hon’ble Justice Arun Mishra, the judgment clarified the scope and application of the Hindu Succession (Amendment) Act, 2005.

The key issue before the Court was whether a daughter could claim coparcenary rights in her father’s ancestral property if the father had died before the amendment came into effect on September 9, 2005. The Court held unequivocally that a daughter, by virtue of her birth, is a coparcener in a Hindu joint family governed by the Mitakshara law, regardless of whether the father was alive at the time of the amendment.

This ruling overruled the conflicting interpretations from earlier decisions in Prakash v. Phulavati (2016) and Danamma v. Amar (2018), settling the legal position that the 2005 amendment has a retrospective application in this regard. The Court emphasized that the amendment conferred equal rights and liabilities on daughters as sons, promoting substantive equality.

The judgment has far reaching implications for property rights, empowering Hindu women with equal entitlement to ancestral property. It marks a significant stride towards rectifying centuries of gender based discrimination in inheritance laws and reinforces the constitutional promise of equality under Article 14.

This decision stands as a crucial precedent in the evolution of Hindu succession jurisprudence in India.

Source

https://indiankanoon.org/doc/67965481/