1)The amendment to the Hindu Succession Act giving daughters equal rights to ancestral property is applicable even for girls born before the law was changed in 2005, the Bombay High Court has said.
"Section 6 of Hindu Succession Act, 1956 as amended by the Amendment Act of 2005 is retroactive (taking effect from a date in the past) in operation," a full bench stated on Thursday. "In other words, the provisions of the amended section 6(3) do not and cannot impinge upon or curtail or restrict the rights of daughters born prior to 9 September 2005," the judges said.
2)A division bench had opined that the amendment applied to daughters born on or after September 9, 2005. As regards daughters born before 9 September 2005, the judges held that they would get rights in the property upon the death of their father-coparcener (head of a joint family) on or after September 9, 2005.
3) But a single judge disagreed with the view of the division bench and stated that the amendment was retrospective in operation, that it was applicable from June 17, 1956, the date on which the Hindu Succession Act came into force. It would apply to all daughters of a coparcener who are born either before or after September 9, 2005 as well as daughters born before or after June 17, 1956.
4) Therefore the daughters are eligible for equal rights in the property as per the amendment to the Hindu Succession Act 1956.