Daughters Right to Property | Vineeta Sharma v. Rakesh Sharma Case Analysis 2020
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- Опубликовано: 22 июл 2024
- When the Hindu Succession Act was enacted in 1956; the legislators didn’t actually felt any need for giving equal rights to daughters in the coparcenary property of the father, due to their belief that the daughter will be a part of another family after her marriage and thus should not have right to inherit anything from her father’s property.
--Timeline of this Video, Please don't miss the Animated Quick Revision--
0:00 Introduction to Hindu Succession Act
1:47 Gender Discrimination
3:05 2005 Amendment Act (Section 6)
5:35 Case Analysis
7:36 Vineeta Sharma v. Rakesh Sharma
8:15 Quick Revision
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In this Video we are going to discuss:
1. The Hindu Succession Act, 1956 - An Act of the Parliament of India that was enacted to amend and codify the law on intestate or unwilled succession among Hindus, Buddhists, Jains, and Sikhs i.e. the Act deals only with intestate succession.
2. Section 6 of Hindu Succession Act - Before and After the 2005 Amendment
3. The Hindu Succession (Amendment) Act 2005 - It addressed various gender inequalities in the previous act.
4. Important Case Laws: Prakash and others v. Phulavati (2016), Danamma v. Amar (2018), and the
recent case of Vineeta Sharma v. Rakesh Sharma 2020 the bench the Supreme Court ruled that daughters have an equal right in the parental property the same as the son, even if the father died before the Hindu succession (amendment) act 2005.
I have made this Video keeping in mind various Competitive Exams like CLAT 2020 - LSAT 2020 - NET 2020 and also Different Exams in which Current Affairs holds good marks! I hope you enjoyed this discussion - If you have any questions, feedback, or suggestions - Do let me know in the Comment Box!
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@@_FinologyLegal mam I have listened there is a rule tht property comes through will not comes under ancestral property and property inherited by 4 males continuously only comes under ancestral Soo how daughter can claim in fathers property?
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Why only right of property Where is right of responsibility ????
According to a bombay hc judgement.. Both daughter and son are equally responsible for their parents maintenance.. A girl can also be punished if she dosen't take care of her parents.. Bcoz a daughter does nt sieze to be a daughter after marriage..
U can read that judgement
That is already there...and responsibility is duty more than right...
@@Abc-fj6zy correct
Laws shouls be gender neutral.
No gender should suffer and no gender should enjoy all the benefits.
Property and debt of parents should be equally distributed between both son and daughter.
Exactly both inheritance and responsibility should be equally distributed
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I am so happy this came. This was really required for equality.
equality for hindu daughters. Muslims daughters still only given half of what is given to sons as per Sharia law. Equality my foot.
It's was there from 2005 ma'am
Act was amended in 2005 but its clear now that the effect of act is retrospective not prospective. But Apex court need revision on current judgment because So many disputes and rights comes in judiciary.
Bhanu C that should be taken care of when unified/uniform civil code comes into existence.
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People like me from southern part of India, who doesn't know HINDI fluently, can understand your hindi easily. Thank you so much mam. And keeping aside about the property sharing, what about the debts sharing mam? My paternal grandfather made a debt of 3 lacs and passed away. My father and his brother ( who have 2 elder sisters) cleared the debt later by facing hard times. But are these daughters are ready to share the debts too? Is there any law for that mam?
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as people started raising this question as well that if there is equal rights on property for both...then both should have rights to look after parents and spend upon them equally when they get old..??
@@sdmdawalgi6380 yes. So many questions were left unanswered again. And SC claiming as cleared all the doubts.
@@sdmdawalgi6380 Not only to look after the parents. But also to look after the parent's ancestral properties.
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Supreme Court : "If a daughter is always a daughter " but son will be son untill he is married.
that means that lady is the real culprit...
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