Case Comment: Yagnaseni Patel v. The General Manager, Mahanadi Coalfields Ltd. & Ors. 2023 LiveLaw (Ori) 76
DOI:
https://doi.org/10.12728/culj.23.3Abstract
This case commentary analyses the legal issue involved in the case of Yagnaseni Patel v. The General Manager, Mahanadi Coalfields Ltd. According to the Orissa High Court, the daughter has a claim to the father's property, the right is conferred at birth and the provisions respecting the rights apply on and from the date of the Amendment Act, 2005. The High Court stated that even though her father died before the 2005 Amendment, the daughter had a right. The Bench cited the case of Vineeta Sharma v. Rakesh Sharma and Others 2020 (II) OLR (SC) 569: (2020) 9 SCC 1 in which the Apex Court held that a daughter shall remain as coparcener throughout life, regardless of whether her father was alive when the law was amended in 2005 or not, emphasizing that the law is retrospective.
Keywords: “Hindu Succession Act”, “Property Right”, “Coparcenary Right”, “Retrospective Effect”
References
Arunachala Gounder (dead) v. Ponnuswamy, 11 SCC 520 (Supreme Ct. India 2022).
Danamma @ Suman Surpur v. Amar, 3 SCC 343 (Supreme Ct. India 2018).
Jyoti Prakash Dutta, Hindu Succession Act | Daughters Get Equal Coparcenary Rights as Sons in Even If Father Died Before 2005 Amendment: Orissa High Court, Daughters Get Equal Coparcenary Rights as Sons Eve (July 14, 2023), https://www.livelaw.in/high-court/orissa-high-court/orissa-high-court-daughter-equal-coparcenary-rights-ancestral-property-inheritance-hindu-succession-act-232712?infinitescroll=1.
Prakash v. Phulvati, 2 SCC 36 (Supreme Ct. India 2016).
Rachit Garg, Property rights of women in India - iPleaders, IPleaders (June 21, 2022), https://blog.ipleaders.in/property-rights-of-women-in-india/.
Sanchita Makhija, Critical Analysis of the Hindu Succession (Amendment) Act, 2005, Indian Law Portal (July 19, 2020), https://indianlawportal.co.in/critical-analysis-of-the-hindu-succession-amendment-act-2005/.
The Hindu succession act, 1956, 30 H.S.A. § 6 (1956).
The Hindu succession amendment act, 2005, 39 H.S.A. (2005).
Vineeta Sharma v. Rakesh Sharma, 9 SCC 1 (Supreme Ct. India 2020).
Yagnaseni Patel v. The General Manager, Mahanadi Coalfields Ltd, 2023 LiveLaw (Ori) 76 (Supreme Ct. India 2022).
