Vineeta Sharma v. Rakesh Sharma (2020) 9 SCC 1

Abstract

The Supreme Court of India made a crucial decision in 2020 regarding defining the issue of inheritance rights of women from their father's ancestral properties under Hindu Law. It had been in controversy even before this decision was reached about whether it was possible for women to claim their inheritance from their father's ancestral properties if their father died before the Communist Uniform Succession Act was passed. The Court held that both daughter and son become coparceners at birth. It therefore shall not affect whether their father died before or after coming into operation of the Hindu Succession (Amendment) Act, 2005. It had been held by the Court that Hindu Succession (Amendment) Act, 2005 is also retrospective in nature, and daughters by birth shall share equal rights with their brothers over their inheritance from their parents' ancestral properties. This decision is of immense importance because it leaves no ambiguity about whether daughters can claim their inheritance from their fathers' ancestral properties, and it provides equal treatment under the law for every woman, which is imperative toward ensuring gender equality under Hindu Personal Law.