[Read Judgment] Daughters Have Coparcenery Rights Even If Their Father Was Not Alive When Hindu Succession (Amendment) Act, 2005 Came Into Force: SC

first_imgTop Stories[Read Judgment] Daughters Have Coparcenery Rights Even If Their Father Was Not Alive When Hindu Succession (Amendment) Act, 2005 Came Into Force: SC LIVELAW NEWS NETWORK10 Aug 2020 11:22 PMShare This – xIn a significant judgment, the Supreme Court has held that, a daughter will have a share after Hindu Succession (Amendment) Act, 2005, irrespective of whether her father was alive or not at the time of the amendment.Justice Arun Mishra today pronounced the judgment in a batch of appeals that raised an important legal issue whether the Hindu Succession (Amendment) Act, 2005, which gave…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginIn a significant judgment, the Supreme Court has held that, a daughter will have a share after Hindu Succession (Amendment) Act, 2005, irrespective of whether her father was alive or not at the time of the amendment.Justice Arun Mishra today pronounced the judgment in a batch of appeals that raised an important legal issue whether the Hindu Succession (Amendment) Act, 2005, which gave equal right to daughters in ancestral property, has a retrospective effect? “Daughters must be given equal rights as sons, Daughter remains a loving daughter throughout life. The daughter shall remain a coparcener throughout life, irrespective of whether her father is alive or not”, Justice Mishra said while pronouncing the judgment today. The bench also comprising of Justices S. Abdul Nazeer and MR Shah, overruled the contrary observations made in in Prakash v. Phulavati and Mangammal v. T.B. Raju. The court held as follows:The provisions contained in substituted Section 6 of the Hindu Succession Act, 1956 confer status of coparcener on the daughter born before or after amendment in the same manner as son with same rights and liabilities. The rights can be claimed by the daughter born earlier with effect from 9.9.2005 with savings as provided in Section 6(1) as to the disposition or alienation, partition or testamentary disposition which had taken place before 20th day of December, 2004. Since the right in coparcenary is by birth, it is not necessary that father coparcener should be living as on 9.9.2005. The statutory fiction of partition created by proviso to Section 6 of the Hindu Succession Act, 1956 as originally enacted did not bring about the actual partition or disruption of coparcenary. The fiction was only for the purpose of ascertaining share of deceased coparcener when he was survived by a female heir, of Class ­I as specified in the Schedule to the Act of 1956 or male relative of such female. The provisions of the substituted Section 6 are required to be given full effect. Notwithstanding that a preliminary decree has been passed the daughters are to be given share in coparcenary equal to that of a son in pending proceedings for final decree or in an appeal. In view of the rigor of provisions of Explanation to Section 6(5) of the Act of 1956, a plea of oral partition cannot be accepted as the statutory recognised mode of partition effected by a deed of partition duly registered under the provisions of the Registration Act, 1908 or effected by a decree of a court. However, in exceptional cases where plea of oral partition is supported by public documents and partition is finally evinced in the same manner as if it had been affected by a decree of a court, it may be accepted. A plea of partition based on oral evidence alone cannot be accepted and to be rejected outrightly.Read In-depth analysis of the judgment here : Injustice To Daughters In Hindu Shastric Law Done Away With: SC Explains The Impact Of Hindu Succession (Amendment) Act 2005  BackgroundThese cases were heard by a three judge bench as one of them arose out of a judgment delivered by Delhi High Court which had also granted certificate to appeal. The High Court has noticed that there is a conflict of opinion between Prakash vs. Phulavati, (2016) 2 SCC 36 and Danamma @ Suman Surpur vs. Amar, (2018) 3 SCC 343 with regard to interpretation of Section 6 of the Hindu Succession Act, 1956 as amended by Hindu Succession (Amendment) Act of 2005. However, the High Court followed the judgment in Prakash V. Phulavati and held, in facts of this case, that, the amendments of 2005 do not benefit the plaintiff as her father passed away on 11th December 1999.Section 6 provides that, on and from the commencement of the Hindu Succession (Amendment) Act, 2005 (39 of 2005), in a Joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall, (a) by birth become a coparcener in her own right the same manner as the son (b) have the same rights in the coparcenery property as she would have had if she had been a son; (c) be subject to the same liabilities in respect of the said coparcenery property as that of a son, and any reference to a Hindu Mitakshara coparcener shall be deemed to include a reference to a daughter of a coparcener. The proviso to Section 6 clarifies that it shall not affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before the 20th day of December, 2004.In Prakash V. Phulavati (2015), the Supreme Court bench comprising Justices Anil R. Dave and A.K. Goel had held that the rights under the amendment are applicable to living daughters of living coparceners as on 9-9-2005, irrespective of when such daughters are born. It was held that, there is neither any express provision for giving retrospective effect to the amended provision nor necessary intendment to that effect. This position was reiterated by the bench of Justices R.K. Agrawal and A.M. Sapre in Mangammal vs. T.B. Raju (2018).In the case of Danamma @ Suman Surpur vs. Amar (2018), the bench comprising Justices A.K. Sikri and Ashok Bhushan had held that the share of the father who died in 2001 would also devolve upon his two daughters who would be entitled to share in the property. “Section 6, as amended, stipulates that on and from the commencement of the amended Act, 2005, the daughter of a coparcener shall by birth become a coparcener in her own right in the same manner as the son. It is apparent that the status conferred upon sons under the old section and the old Hindu Law was to treat them as coparceners since birth. The amended provision now statutorily recognizes the rights of coparceners of daughters as well since birth. The section uses the words in the same manner as the son. It should therefore be apparent that both the sons and the daughters of a coparcener have been conferred the right of becoming coparceners by birth. It is the very factum of birth in a coparcenary that creates the coparcenary, therefore the sons and daughters of a coparcener become coparceners by virtue of birth. Devolution of coparcenary property is the later stage of and a consequence of death of a coparcener. The first stage of a coparcenary is obviously its creation as explained above, and as is well recognized.”, it was observed in the said judgment.Case name: VINEETA SHARMA vs. RAKESH SHARMA Case no.: CIVIL APPEAL NO. DIARY NO.32601 OF 2018 Coram: Justices Arun Mishra, S. Abdul Nazeer and MR Shah Click here to Read/Download JudgmentRead Judgment Next Storylast_img read more

Mountain Mama: How to Find Outdoor Jobs for Couples

first_imgDear Mountain Mama,My husband and I spend every moment outside of our mundane 8 to 5 office jobs in the mountains, backpacking, and on the river. We’re both miserable stuck inside and want to leave the city life for the mountains. We would like to work together, outside, doing something to benefit Mother Nature. The perfect job would allow us to spread awareness of how to enjoy the mountains and preserve the land. My husband has experience working in the outdoors.How can we find a husband and wife job outdoors, or outdoor jobs for couples?Thanks,Outdoor Lover—————————————————————————–Dear Outdoor Lover,Oh, how claustrophobic and stifling the office gig can get! Especially this time of year when summer vacations have come and gone, when there is one work week stacked upon another for months on end until the next respite from the computer, phone, and copier.Before you take the leap from office career to pursue an outdoor job, let me remind you that the grass isn’t always greener. The pay is often lower, benefits are difficult to come by, and the work can be seasonal. You and your husband might end up working holidays and weekends.But if you’re undaunted by the drawbacks, you could enjoy waking up in paradise every morning. You will be able to breathe in fresh mountain air and get out in the mountains and on the rivers you so dearly love.Your letter says that your husband has some experience working in the outdoors. Since you don’t mention whether you have outdoor experience, I’ll assume that you don’t. That’s okay, because what you do have is office skills, which are needed in every industry. Take a look at the website workingcouples.com and check out options for couples to take care of ranches, farms, campgrounds, and outdoor centers. Most of these jobs tend to be year-round positions and employers prefer couples since they will keep one another company during the off-season.Or pick a particular outdoor sport and start racking up your certifications. From accountants turned hang glider instructors to lawyers who became raft guides, there are plenty of examples of folks who have waved good-bye to the career track in search of a more fulfilling lifestyle. If you want to go the guide or instructor route, I’d suggest spending all your free time building up your credentials. For example, if you want to work on the river, take a Swiftwater Rescue Class, ACA and BCU instructor courses, and sign up for raft guiding training next year. For more information on how to become a raft guide, check out the Nantahala Outdoor Center’s guide training.Outdoor Lover, dream about what you want your life in the mountains to be like. Do you want to work seasonal jobs with breaks in between seasons? Or do you prefer the security of year-long work? How much money do you need to feel comfortable? How important are benefits? Let the answers guide your life direction.Happy job hunting!Mountain MamaGOT A QUESTION FOR MOUNTAIN MAMA? SEND IT HERElast_img read more