विनीता शर्मा बनाम राकेश शर्मा
| Citation | (2020) 9 SCC 1 |
| Court | Supreme Court of India (Three-Judge Bench) |
| Date | 11 August 2020 |
| Year | 2020 |
| Bench | Arun Mishra, S. Abdul Nazeer, M.R. Shah JJ. |
| Acts/Articles | Hindu Succession Act 1956 Section 6 (as amended 2005) |
| Category | Constitutional Law, Property & Land Law |
Key Principle Established
Daughters have equal coparcenary rights by birth under the Hindu Succession (Amendment) Act, 2005 — irrespective of whether the father was alive on the date of the amendment.
The question before the Three-Judge Bench was whether a daughter’s coparcenary right under the 2005 Amendment depends on the father being alive on 9 September 2005. This resolved the conflict between Prakash v. Phulavati (2016) and Danamma v. Amar (2018).
This is the definitive judgment on daughters’ property rights in Hindu law. It overruled Prakash v. Phulavati and settled the law that daughters have equal coparcenary rights by birth. Enormous impact on property succession in Haryana where agricultural land inheritance traditionally excluded daughters.
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Read AnalysisThis judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).
22+ years of practice before Punjab & Haryana High Court and Supreme Court of India.