Article 14 enshrined under the Indian Constitution is a far-fetched law for women. The above case has made a-step closer to gender equality in terms of coparcenary rights of daughters in the ancestral property. Prior to the amendment of Hindu Succession Act, the personal law which was embedded in the religious realm, the rights of daughters to acquire the coparcenary property in par with that of the son were denied. The historic injustice was uprooted by the apex judiciary with this gender sensitive judgment that endows women with the right to acquire the ancestral property by birth on equal footing with that of the men. The Supreme Court has been successful in eradicating the lacuna that existed in the previous judgments and to cover up the ambiguities in the interpretation of the legislation so as to eliminate the preferential bias of males over females with regard to succession and inheritance.
Citation | (2020) 9 SCC 1; AIRONLINE 2018 DEL 408 |
Name of the Court which decided the case | Supreme Court of India |
Bench | Arun Mishra, S. Abdul Nazeer, M.R. Shah J.J. |
Legislations | Hindu Succession (Amendment) Act, 2005 |