Inheritance Rights Of Daughters: Retrospective Or Prospective? Interpretation Of Section 6 Of The Hindu Succession Act

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Vaishnavi Ravadi & Chaitranvika M, School of law, Ramaiah University of Applied Sciences

1. ABSTRACT

The Hindu Succession Act, 1956, has been a cornerstone in defining the property rights of Hindu women in India. Historically, patriarchal norms confined daughters to a secondary status in matters of inheritance, excluding them from coparcenary rights under Mitakshara law. The enactment of the Hindu Succession (Amendment) Act, 2005, marked a watershed moment in Indian legal history by extending equal coparcenary rights to daughters. However, the question of whether this amendment should be interpreted prospectively, retrospectively, or retroactively has generated extensive judicial debate. The Supreme Court’s decisions in Prakash v. Phulavati (2016), Danamma v. Amar (2018), and Vineeta Sharma v. Rakesh Sharma (2020) provide contrasting interpretations, reflecting the complexities of balancing legislative intent, constitutional guarantees, and established property rights. This research paper critically examines the evolution of Hindu women’s property rights, the historical development of Section 6 of the Hindu Succession Act, and the doctrinal implications of the 2005 amendment. It argues that the retrospective recognition of daughters’ rights is essential to achieve substantive gender justice while also highlighting the challenges in implementation. The study adopts a doctrinal and socio-legal approach, drawing from statutory provisions, judicial pronouncements, and scholarly commentary to provide a comprehensive analysis of the subject.

Keywords: Hindu Succession Act, Coparcenary Rights, Gender Justice, Retrospective Application, Section 6, Inheritance Rights

INHERITANCE RIGHTS OF DAUGHTERS- RETROSPECTIVE OR PROSPECTIVE_ INTERPRETATION OF SECTION 6.

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