ISSUE:
Whether the Section 6 of Hindu Succession Act, giving women equal coparcenary rights retrospective and subsequently is appellant’s demand for coparcenary in her father’s ancestral property justified?
RULE:
Section 6 of The Hindu Succession Act, gives the right to a daughter of a coparcener “on and from” the commencement of the Act. The amended provision under section 6 of the act came into effect from 9 September, 2005. On and from that date, the daughter of a coparcener would become a coparcener in her own right just as a son would be by virtue of her birth and she would have the same rights and liabilities as that of a son. The devolution of her, interest should, therefore, be on and from 9 September, 2005.
No interest can devolve in a coparcenary property except on the death of the coparcener. In this case there has been no devolution of interest because no has been deceased. The share in the coparcenary, therefore, cannot “devolve” upon anyone. The succession, therefore, has not yet, opened.