Question

In which of the following case, the Supreme Court has held that the daughter being a coparcener has a right in the coparcenary property by birth irrespective of whether the father was alive or not at the time of 2005 amendment?

• A. Prakash v. Phulavati
• B. S. R. Batra v. Rakesh Sharma
• C. Danamma @ Suman Surpur v. Amar
• D. Vineet Sharma v. Rakesh Sharma

Hint:

Vineet Sharma case settled the debate — father’s death before 2005 does not affect daughter’s coparcenary rights.

Answer 1

The Correct Option is D

Step 1: Context of the case.
- Before 2005, only male coparceners had birthrights in ancestral property under Hindu Mitakshara law.
- The Hindu Succession (Amendment) Act, 2005 gave daughters equal rights as sons from birth.
Step 2: Conflicting judgments.
- Prakash v. Phulavati (2015) held that the father must be alive on 9 Sept 2005 for the daughter to get rights.
- Danamma (2018) gave rights even if the father died before 2005.
Step 3: Vineet Sharma ruling.
- A 2020 SC Constitution Bench clarified that daughters have rights by birth, irrespective of the father’s living status on the date of amendment.
- This overruled Prakash v. Phulavati requirement. \[ \boxed{(d)} \]