Case Analysis of Vineeta Sharma v. Rakesh Sharma & Ors.

Abstract

The Hindu Succession Act, 1956 was enacted to codify laws relating to succession or inheritance of property and applies to Hindu, Buddhist, Jain and Sikh. This act distinguishes between Ancestral and Self Acquired property. In this Act, Daughters were not recognised as coparceners. This rule was discriminatory against daughters and also negated the constitutional right of equality. To rectify this, the Parliament passed the Hindu Succession (Amendment) Act of 2005, which came into effect from 09.09.2005, whereby Section 6 of the Act of 1956 was substituted, survivorship rule was abrogated and testamentary and intestate succession were introduced. This amendment recognized the daughter’s rights of coparcenary and made it on par with that of the son and conferred on her rights by birth on the coparcenary property. Even though it took 15 years post 2005 amendment, with the discernment of the final legal position in the case of Vineeta Sharma V. Rakesh Sharma & Ors., the hon’ble court has cleared the cloud of uncertainty relating to the application of this amendment. This judgement brought a much needed change in the social status of daughters. This is a historic and landmark judgement in protecting women’s rights relating to property laws.