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@article{173090,
        author = {Tejashwini M},
        title = {LEGAL IMPLICATIONS OF COPARCENARY RIGHTS FOR DAUGHTERS: RETROSPECTIVE Vs PROSPECTIVE APPLICATION SUPPORT},
        journal = {International Journal of Innovative Research in Technology},
        year = {2025},
        volume = {11},
        number = {9},
        pages = {2166-2170},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=173090},
        abstract = {The act changed Hindu personal law through the bestowal of coparcenary rights equally on daughters in ancestral property. This affair had never been witnessed in several centuries of patriarchal ethos. The paper examines how this amendment confers such rights onto women through scrutinised perspectives on egalitarian gender and property rights issues, tested by provisions, judicial interpretations, and implications for Hindu joint families. The retrospective applicability of an amendment and daughters' coparcenary rights was settled in judgments relating to Prakash v. Phulavati, Danamma v. Amar, and Vineeta Sharma v. Rakesh Sharma. Though the courts' decisions have been inconsistent, there is no doubt that this amendment brought social justice to the doorstep of women through equal rights in corporate property. Of course, there is a greater need for more reforms concerning the remaining bottlenecks and the appropriate application of these reforms. This would become a landmark amendment as it showed the importance of this amendment in developing women's empowerment and the structure of Hindu succession law.
Hindu Succession (Amendment) Act, 2005 was a starting point for women's equality in Hindu inheritance law, and shortly, daughters could share equal coparcenary rights with sons in HUFs. This reform eliminated centuries of patriarchal norms under Hindu law that aligned with constitutional principles of equality and justice. Section 6 was the target of particular focus through reformation to democratise rights in property and gender disparities in inheritance. However, its work has been plagued by issues. One only needs to glance at a series of landmark judicial decisions to understand how issues such as whether the amendment was retrospective and clarified rights for daughters born even before the amendments enactment have arisen.
This study analyses the amendment concerning the legal and social implications of this amendment, the role of the Supreme Court in resolving interpretative ambiguities, and the modification of property distribution dynamics within Hindu families. So far, the amendment has been a significant step towards achieving gender justice, but inconsistent court interpretations and procedural complexities have raised challenges in realising its objectives. The paper argues that the ruling of  Vineeta Sharma would clear much-needed ambiguity while guaranteeing rights to daughters under equal inheritance without causing any harm to daughters at whatever date their father has passed away. However, it calls for further reforms that would eliminate remaining ambiguities. Ultimately, this analysis underscores the amendment's role as a stride toward arriving at a more gender-equitable India in law; however, vigilance and reform would still be needed to ensure that daughters' substantive rights to inheritance are recognised and upheld.},
        keywords = {Hindu Succession (Amendment) Act, 2005, Gender Equality, Coparcenary Rights, Hindu Joint Families, Property Rights, Social Justice.},
        month = {February},
        }