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?  

Vineeta Sharma v. Rakesh Sharma Civil appeal no. dairy no: 32601/2018

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.