A Daughter's right to co-parcenary property in Karnataka.

It so happens that many a times I come across women asking me, either for themselves or for someone else what the recent law is about the woman's right to property. What she can claim and what she can't. This is a topic that is on the minds of many people now a days.

This topic needs to be broken down into parts to understand it well. The law as it was, the amendment and the exceptions.

The law as it was.

 In India the dayabhaga system prevails in Bengal and the mithakshara system in the rest of India. Prior to Hindu Succession Act, 1956, a daughter was not considered as a co-parcener ( one who shares equally with others in the inheritance in the estate of a common ancestor). Even after the passing of the Act, her position did not change because the Act did not deal with the devolution of interest in the co-parcenary property.

Section 6 of the Act (as amended by Act of 2005). 

This amendment brought about the change to the concept of co-parcenary.  Hitherto it was only the monopoly of male lineal descendants, consisting of only male members of a Hindu joint family. This amendment saw to it that a daughter was also accommodated.

This amendment conferred two rights:
1. The daughter of a co-parcener by birth became a co-parcener in her own right in the same manner as the son. Equality in status was conferred on her.
2. The next right was equal right in the co-parcenary property. The daughter of a co-parcener would have the same rights in the co-parcenary property, as she would have had, if she had been a son.

In simple words once she conferred with the right of being a co-parcener she automatically gets a right by birth in the co-parcenary property.

What needs to be observed here is that the intention of the parliament was not to give her rights in a co-parcenary property prior to the passing of this Act in 1956, as she then had only a limited right in the ancestral or self acquired property of her father. This amendment came into force on 9-9-2005, but she is given a right in the co-parcenary property from the date of the Act of 1956.

Exceptions.

This amendment is not applicable to:
1. A partition deed that is executed and duly registered under the Registration Act, 1908 before 20.12.2004, or

2. A partition effected by a decree of a court, before 20.12.2004, that is final decree for partition that has attained finality.

If there is no partition effected in either of the above ways before 20.12.2004, then a daughter of a co-parcener is entitled to equal share in the co-parcenary property as that of a son.

For more information please refer the reported judgement of the Hon'ble  High Court of Karnataka in the case of N.V. Pushpalatha v/s V. Padma, 2010 (2) PLD 367: ILR 2010 Kar 1484.