1. A three-judge bench ruled that a Hindu woman’s right to be a joint heir to the ancestral property is not dependent on whether her father is alive or dead but is valid by birth.
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2. The Hindu Succession Act of 1956 governed succession and the inheritance of property but only recognized males as legal heirs. This law applied to everyone who is not a Muslim, Christain, Parsi, or Jew by religion.
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3. In the Hindu Undivided Family, many legal heirs could exist through generations jointly. Traditionally, only male descendants of a common ancestor along with their mothers, wives, and unmarried daughters were considered a joint Hindu Family. The legal heirs hold the family property jointly.
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4. In 2005, it was stated that daughters can also have joint-heirship in her own right the same way as the son but the only condition was that both the father and daughter had to be alive.
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5. Now in 2020, the Supreme Court did away with that condition as well which required the father and daughter to be alive to have joint-heirship.
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6. The SC said, “Once a daughter always a daughter. Son is a son until he is married. The daughter shall remain coparcener throughout life, irrespective of whether her father is alive or not. A daughter must be given equal rights as sons, daughter remains a loving daughter throughout life.”
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