Vineeta Sharma v. Rakesh Sharma Civil appeal no. dairy no. 32601 of 2018
Facts of the case: Civil appeal no. dairy no. 32601 of 2018
- The Hindu succession act,1956 was an exertion to codify the Hindu law of succession and align it with advancing thinking on fair legacy.
- To accomplish the constitutional objective of gender equality
- This is about giving coparcenary properties to sons as well as daughters
Vineeta Sharma v. Rakesh Sharma issue before the court:
- Whether the amended section 6 of the act of 2005 requires the coparcener to be alive as (09-09-2020) for the daughter to claim rights in the coparcenary property?
Judgement of the case:
- This right can be claimed by daughter born earlier with effect from 9th September 2005 subjected to limitation prescribed in section 6(1) regarding disposition or alienation, partition or testamentary disposition.
- The court further held that it is not necessary for the father coparcenary to be alive on 9th September 2005 as the right in coparcenary of the daughter birth.
- Notwithstanding that a preliminary decree has the been passed, the daughters are to be given a share in coparcenary equal to that son in pending proceedings for final decree or in an appeal.
- In finally it may be accepted a plea of partition based on the oral evidence alone cannot be accepted and is to be rejected out righty.
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