Section 6 of the Hindu Succession Act 1956 (as amended in 2005) provides that a daughter of a coparcener becomes
AEntitled only if she was unmarried in 2005
BA coparcener in her own right with the same rights and liabilities as a son, by birth — and Vineeta Sharma v Rakesh Sharma (2020, 3-judge bench) held that the father need NOT be alive on 9 September 2005 for the daughter to claim
CA coparcener only if her father consented in writing
DEntitled only to maintenance
Answer & Solution
Correct answer: B. A coparcener in her own right with the same rights and liabilities as a son, by birth — and Vineeta Sharma v Rakesh Sharma (2020, 3-judge bench) held that the father need NOT be alive on 9 September 2005 for the daughter to claim
Vineeta Sharma settled a long-running controversy and overruled Prakash v Phulavati (2016) and the 'daughter-of-living-coparcener' qualification. The right is by BIRTH, retrospective in operation but with limited disturbance of vested/transactions concluded before 20 Dec 2004.
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