The Big Picture: Hindu Succession Law & Daughters' Rights

In an important judgement, the Supreme Court on Tuesday held that daughters would have equal rights to inherit ancestral property as sons in a Hindu Undivided Family, saying the amendment in law in 2005 would have retrospective effect. It said the daughters would have coparcenary rights in joint Hindu family property even if the father died before the Hindu Succession (Amendment) Act 2005. A bench of Justices Arun Mishra, S Abdul Nazeer and M R Shah said the provisions contained in substituted Section 6 of the Hindu Succession Act, 1956 conferred the status of coparcener on the daughter born before or after amendment in the same manner as a son with the same rights and liabilities. In this edition of The Big Picture we will analyse the Hindu Succession Law & Daughters Rights.
Guests:
1. J. Sai Deepak, Advocate, Supreme Court
2. P. K. Malhotra, Former Secretary, Ministry of Law and Justice
3. Rekha Agarwal, Advocate, Supreme Court
Anchor: Frank Rausan Pereira
Producer: Sagheer Ahmad

[@Abc-fj6zy]

10% comments- about sc decision 90% comments- sai deepak has transformed himself 😬😬

[@nagasailanka7851]

Not only Property.. Daughter's also must share the Debts if in case family have any..

[@mickeymouse4938]

A brother wishes sister will share the responsibility of his parents, but unfortunately a husband doesn't prefer wife to take care of her parents in any way. They expect only a one way flow of dowry, gifts and lavish marriage . Ofcourse, I do not want to generalise the gender, it could be the guy, his mother anyone having these views. Society needs to change.

[@nagasailanka7851]

@@ruchishukla2878 Thats really good to hear from you sister 👏

[@nagasailanka7851]

@@mickeymouse4938 Yes, Thats True .. Of Course people will change with time but for becoming good people need Much time which is really bad😣

[@mickeymouse4938]

@jyo it is the women who leave home after marriage to live with inlaws. It is the men who take physical and financial care of their parents. In our culture, woman's parents wont even accept a penny from married daughter. It is the son who has to pay for his own marriage also, and also all the debts that parents took for sisters marriage and all the rituals throughout life. Because parents think their daughter is too delicate princess , and they should not take anything from her. They think son is superman and he should pay for everything whole life.

[@nagasailanka7851]

@GLOBALIZED WORLD What ever you said is 100% correct .. Government (People) should definitely have to face some issues with this judgement in future.. We all know that in INDIA top most dispute related to Property only..Finally this Judgement is Good with some drawbacks .. Of Course No one can make a 100% judgement without any Drawbacks... We have to see what will going to happen in upcoming days.. Jai Hind ✊

[@arjungurjar4600]

J Sai Deepak Starts speaking at 12:30

[@Gowithflow15]

Then at 18:14 and finally at 27:54 !

[@nileshdumbre7625]

This is why almost everyone came here for..😅😅 including me... 🤗

[@rgcse2400]

Thank you

[@ruthujapatil1397]

J Sai Deepak Sir.. Hats off! Your command on law , history and languages is exemplary

[@rakeshshinde5491]

Rekha madam stated it so simply thank you madam

[@nileshdumbre7625]

Why Sir J Sai deepak looks so slim...? And quiet young(like he is 25yrs old)...! 😅

[@WhatEver-yj5rg]

😎He worked hard to lose weight in lockdown.

[@tradingsuccess213]

Omg i was about to ask the same question. Im shocked to see his physics

[@kusumjatain7321]

@@tradingsuccess213 Me too

[@harapriyananda7097]

I thought that J. Sai Deepak Sir has given a chance to some junior to appear in his behalf 😅

[@theshivrajofficial8444]

@@harapriyananda7097 yes I thought the same...on the name of j sai Deepak 😂

[@Rahulpriye]

Lot's of smiling moments😊..... but I must say that instead of looking for our rights in the parent's property,we(for both boys & girls) should be self-reliant in order to maintain harmony in the family without getting matters too much complicated in the coming days

[@1702deepak]

It's not about self reliance. You got it all wrong.

[@Rahulpriye]

@@1702deepak by self-reliant l mean if a man is capable of taking care of himself, he according to my view can no longer be dependent upon his father's property... Anyhow it's your father's property which is earned by your father not by you.Why we are claiming something which is technically not yours....so what I mean is to earn by yourself rather than claiming your's father or ancestral property

[@1702deepak]

@@Rahulpriye that's what I am saying you got it all wrong. The question is what is going to happen with the ancestral property. Who is going to take it? Everybody wants more money and nobody wants to let go what is there's. It is never about survival. Will people start donating their property when they are going to die? What if father wants to give all his property to only one of his children even when all his children are settled. Will the other children have no right? And if they have what is it actually? It's never about survival it's about your right and what is yours.

[@Rahulpriye]

@@1702deepakI agree but If it's all about what will happened to the property or whom the father should choose between their children then well perhaps in that case then i must say that the discretion should lie upon father whom they choose instead of making condition that might let their children fighting for the property which is not technically earned by them & again I must say the onus of maintaining harmony lies upon the childrens

[@1702deepak]

@@Rahulpriye but a children is brought in this world by the parents. So it shouldn't solely depend on the father. The father is bound to divide them equally among sons. Laws are not governed by emotions but rather rules and sanity.

[@paruh1921]

Very good discussion good things voice is v clear nothing essue today program tq u

[@piku1586]

Fan of Rekha Mam☺️☺️. In fact all Panelists

[@EquallyIndian]

J Say Deepak sir has reduced weight after lockdown😍 looks slim now😅 Nice 🙏🏻😇

[@ankddaas6570]

Daughters must share the responsibility of their parent's property and parents also (Personal statement) ব‍্যাক্তিগত মতামত

[@harshaprasad9981]

comprehensive discussion, I think nothing is left over,tq

[@akshaydulam4095]

Very informative discussion. Touched upon all the points related to the judgement.

[@mayurkulkarni2829]

When my eye See j sai deepak my fingers rushes to click on video

[@gods_angel703]

Right said same here

[@SurenderSingh-xd9kl]

So true

[@sumirananantha4751]

very true !

[@makelifeeasy971]

Yess😀😀😀

[@WhatEver-yj5rg]

😍True

[@siddharthavhad6893]

Whenever JSD comes, I am like आज लय मज्जा येणार❤️❤️😂

[@piyushdandagawhal8843]

lai bhannat manus ahe tyo

[@akshaybankar8180]

Pura aar paar krun taakte toh...

[@prathameshthakur5777]

खरे आहे भावा

[@Challenging2024]

Rekha Ma'am said very good things at last. Family's harmony must be maintained and everything should be done in a very graceful manner.

[@bikramjrkotwal3559]

I wanted to hear it from panelists as well as from anchor himself that why only Hindus and why not for all the religions that are in India

[@anandraja1300]

just because hindu civil laws are codified, we get these progressive judgements and interpretation as days goes by. within a generation entire hindu society may be reformed. It is high time that Uniform Civil Code be formed, so that all religious laws are codified and 'rule of law' enters as aspects of our lives, as Jawaharlal Nehru said, "democracy is a way of life."

[@bikramjrkotwal3559]

@@anandraja1300 Thanks sir👍

[@rajeshrajjmishra15]

Bcoz doing so will b treated as suppression of minorities in india.

[@nityamotani8454]

The summary of the case by Ma'am Rekha Agarwal was great.

[@akashpatekar2768]

Thanks rstv👋🇮🇳

[@chikuraj8197]

Sc judgment will bring flood of litigations in the court in future.

[@RAJESHYADAV-su3bu]

Wish the panelists would have diccussed some points regarding it's impact on evil dowry practices

[@prakashloya1077]

I am the worst sufferer, i m bedridden since 6yrs & my parents are Senior citizen, helpless, request this guest here point me any Law where a Daughter should take care of family.

[@Abc-fj6zy]

Adoption and maintainance act.. Both son and daughter are equally liable to maintain parents.. And read bombay hc judgement which has interpreted sec 125 crpc Hope this helps

[@TheVlogEngineer]

Please made next episode on Contempt of law..!

[@athensmajnoo3661]

What about responsibilities and liabilities? Will the daughters take care of the parents in their old age? Would they spend for hospitalisation, medical expenses,?

[@rgcse2400]

No. Feminists want only the cream.

[@tanyatanya8141]

@Athena Majnu What about the self made money which parents have.... ??? Are they going to give it to their daughters???

[@tanyatanya8141]

One thing I'll say that after this maintenance law should be abolished... Equality should be everywhere

[@athensmajnoo3661]

@@tanyatanya8141 they can write a will about the self acquired property. They are free to give it to anyone. Law doesn't interfere in that aspect.

[@tanyatanya8141]

@@athensmajnoo3661 that's wht I'm saying...self acquired property is more than ancestral property most of the tym...so a daughter can't interfere in that and a boy too... So it's up to parents whom they are willing to transfer it...that person may be their son who'll take up the responsibilities

[@madhurendrarai4200]

So far, the best panel discussion over this topic👍

[@rahulgharat28]

J sai deepak on weight loss regime👍

[@vandanahiranandani4056]

Very clearly explained by Smt Rekha Aggarwal thankyou

[@makelifeeasy971]

J sai Deepak..only for you I watching

[@aspirant8996]

I thought you were watching for UPSC.

[@makelifeeasy971]

Knowledge not only for upsc person. I watch for discipline that will help to edify and will dynamics my cognitive process.

[@explainingbasic4797]

Very cooperative , nice , healthy & optimistic discussion... thnk u rstv

[@biswajitnoatia2670]

Sir I love yours all the sessions ❤️❤️🙏

[@bikramjrkotwal3559]

Sir i request you to have a debate on Population policy.

[@gauravdarade2490]

Nice discussion. Important topic. Historic judgement. Excellent speakers. All in all, more than worth spending half n hour listening to it.

[@AshishKumar-92]

... this judgement should comes in 50's so that the incidence of this judgement not fell directly on us... It becomes habitual...

[@shaurinfinz8266]

what if there are cruel families where the husband decides to take his wife's right and eliminates the wife intentionally to get her rights as well if she is from a much better background then him??? will this not include drawbacks to this law??

[@shikha.g.mishra]

If it is so then a cruel wife can also do so with her husband. Both cases are prevalent. And there comes the judiciary.

[@shaurinfinz8266]

@@shikha.g.mishra but she won't have the rights unless the husbands family or the next kin deliberately seek to involve her. Her rights from her own family are a stamp but her inheritance from her husband's side is controversial so she has a lower hand here.

[@shaurinfinz8266]

@@ranitbiswas680 what my concern was that through this law the public should get more sensitive towards women rights and not misuse it and there should be some precautionary guidelines in this law stating strict actions of its misuse eg. The law has been violated as I mentioned in my first point so that this law cannot be used as a tool but rather a path where there is no looking back but to move forward with it.

[@facto20023]

What if the wife is cruel cheating ditching her husband ....girls r not innocent nowdays ....girls r misusing the laws ...it's time to talk about male rights india needs man's commission.....fake rape cases fake dowry cases fake eve teasing cases

[@dibonbaruah7040]

My father have 3 sisters one have american citizenship and other two are married and govt employee and all of them agreed to my grandfather and will accept whatever he gives and on this faith he never willed anything and my father start his business on our ancestral property leaving the portion given to his sisters and now from 2013 when they saw my fathers business is growing they are claiming equally which will include my fathers business which he setup on his own ,what about this situation because if so happened our source of income will be taken away how will our family survive how we will pay our depts doesn't it count under fundamental right of article 21 right to protection of life and liberty becz that business is our lifeline without that we will be bankrupt my brother and me and parents soly depends on that why this kind of situation aren't taken into consideration.Becz my father on faith started his business and even leaving out the portion my grandfather promised to his daughter's and about my NRI aunt how can she claimed property when is not a citizen and my father pay tax to this country and a responsible citizen and what about our right my father do not have any job how will be afford our academics .

[@nagasailanka7851]

Dear... Brother I understand your situation.. U can consult a Lawyer so that u may get solution.. Its just my opinion brother 🙏

[@starwar2562]

consult a good lawyer ...law is not absolute..u will get justice

[@nirmohi2410]

Ek hath de ek hath le...nyc one sai sir

[@UpscMotivationLive]

OMG... S. SAI DEEPAK look like a dashing..... from the beginning, I couldn't even identify Sai Deepak but later when I listen to him I got that he is J SAI DEEPAK. But anyway he looks so charming and fresh.

[@prakashloya1077]

It is a curse to have a Such MPs who forced to implement senseless law in the name of equality. This Lawmakers will never understand this.

[@athensmajnoo3661]

The law should now look in to duties of daughters. Every right comes with a duty attached to it. Law should insist that daughters also take the share of taking care( physically,, financially, emotionally) of the parents in old age. Otherwise this law is not a balanced one. Rights and duties should always go together.

[@nehamegharaj388]

@@athensmajnoo3661 in that case better don't get daughters married n get your home.. better go n stay in their home.. they'll surely take care of their parents better than sons do.. then it'll be more balanced..

[@athensmajnoo3661]

@@nehamegharaj388 I get the sarcasm in your write up. All I am saying is, any right should come with duty. It is not about parents staying at daughters place, or taking money from her. A lot of effort goes in taking care of elderly people. ( I know this first hand, I have taken care of my bed ridden mother for years, and I am with my mom in law who is 90+.) It takes a lot of physical, emotional and financial difficulties. Daughters helping in some way or the other must be mandatory if they can claim equal rights. And what is wrong in staying in the daughters house? Isn't she born out of same womb as her brother? The son in law must agree if he wants his wife to get her share of parental property.

[@amitabhyankar92]

Why make a big deal out of staying away from your parents. Many men do it for job. Even I stay in a different city due to my job.

[@AryanRayCS]

How? See if u r feeling that ur sisiter will take this away so in the same way,ur wife will also bring it,so

[@adv.poojasharma4514]

Great discussion ❤

[@dhanraj931]

What about agricultural land distribution and dowry system?

[@DD-ru2lw]

Summary 1) Unobstructed inheritance rights- conflicting verdicts before. 2) Mitakshara law codified in the HSA act did not include daughters as coparceners. 3) Only retroactive: Already partitioned deeds cannot be affected. 4) Marriage does not affect her rights. 5) Mediation should be preferred before litigation. 6) Daily summaries -----> Telegram channel: iassimplifiedchannel

[@Machine_Mantra]

An engaging and informative discussion thanks Frank!😊👍

[@snehashisdas3689]

It will be ask in UPSC.

[@007manvendra]

There will be question in GS paper 1 sociology part

[@balajikadali8563]

This change would empower women economically, but in the inner side of the family again may put higher pressure on women from both the sides of families bcz of the property share.

[@balajikadali8563]

Very nice analysis 👏👏. This positive decision may lead to some all those negative aspects which u have mentioned above. So which kind of action we may take?

[@warrior839]

Wow what a fruitful discussion... Such law with complex technacalities understood in much easier way...

[@sushant121091]

please provide subtitles/transcript of the videos for the benefit of differently-abled persons.

[@curiousrover3389]

Jai sai deepak what a transformation!!! Keep it up

[@shrey1171]

Instead of reading,Pk Malhotra should provide source and page no. So that we can also read.

[@gayathriadvocate1594]

Yaar sai deepak sir is looking too good

[@deveshsingh4309]

Slowly gradually Indian women will rise and they will shine

[@Abc-fj6zy]

Definitely

[@vedangbhatt2465]

Excellent. Got clear cut idea about hindu succession act

[@chandanipriya110]

Sir i request u too hve a debate on minimum age of girl marriage plzz🙏🙏

[@Avijit.305]

In my opinion, it should be 21 years as girls are equal to boys.

[@chandanipriya110]

@@Avijit.305 girls r now educating nd she should hve given some more time to prove herself nd to get job. She should not be forced fr marry I think 21 is still less to get a job:-)

[@WhatEver-yj5rg]

@@chandanipriya110 True Chandani, it's my last year of college and I am already scared that my relatives and my parents would start talking about marriage.🙎I already feel pressured to achieve something in a short time. For girls it should be extended to 23 at least.

[@chandanipriya110]

@@WhatEver-yj5rg yehh

[@jitendragarhwal3140]

@@chandanipriya110 what about those girls who wish to marry before the new age you are suggesting? Everything can not be solved by law.

[@commonerIndian]

very good discussion.. thanks for the quality of content

[@jyotishnaseema1799]

Good decision for Supreme Court.

[@KRISHNA-ko1zt]

Thank you rstv for clearing all my doubt

[@anirbanchatterjee8703]

It's a good source for upsc current affairs

[@arvindkumarmishra9259]

भविष्य के लिए प्रेरक !

[@shilpachounde288]

Egarly waiting for this point thanks rs tv 😊

[@BodhiGyan]

best discussion till now...

[@theshivrajofficial8444]

What happened to j sai Deepak...I don't recognised him until I heard his voice...why he loosing his weight...

[@mizca1210]

Is this applicable in north east India? My mother did not bore any son. The village head says that my father’s ancestral property will pass on to my uncle’s sons. Me and my sisters are against this. Will we get justice if we take this matter to the court?

[@karthickkumaru2442]

he Hindu Succession (Amendment) Act, 2005 (39 of 2005) was enacted to remove gender discriminatory provisions in the Hindu Succession Act, 1956. Under the amendment, the daughter of a coparcener shall by birth become a coparcener in her own right in the same manner as the son. The daughter shall now have the same rights in the coparcenary property (ancestral property of the Hindu undivided family) as a son. This amendment also repeals Section 23 of the Hindu Succession Act which disentitled a female heir to ask for partition in respect of a dwelling house, wholly occupied by a joint family, until the male heirs choose to divide their respective shares. Section 24 of the Act which denied rights of a widow to inherit her husband‟s property upon her re-marriage has been repealed. This Act has brought about a central amendment which is applicable to all the state governments. aug 11 judgement had given by retractive manner .. thanks do covertion about the hindu successive act 2005. but this district court will meet more plea cases ... 😊😊😊😊😂

[@poojabisht2540]

superb discussion

[@mukeshastik]

thank you RSTV

[@kumaripriyankajena3515]

Today's show... Really today I enjoyed a lot .😀😀

[@toddalengeupsc2445]

J sai deepak ♥

[@upsccseuppcs4945]

Thanks RSTV.

[@bikramkumar3923]

Thanks Rstv☺

[@satyapanigrahi4654]

Very informative discussion

[@toddalengeupsc2445]

Please provide subtitles rstv 🙏🏻🙏🏻🙏🏻

[@PP-dt9hi]

Question : In the entire discussion they said ' daughters will inherit right to fathers property ' but what about property of mothers ..say for example a single mother's property?? Nothing was mentioned about this in the discussion

[@monica.masala]

I knew J sai was loosing weight amid lockdown and all..He was saying it on twitter too..

[@jitendragarhwal3140]

I have two questions. Can a son claim coparcenery rights in her mother's ancestral property? Does a daughter have same liabilities and responsibilities as a son with respect to their parents? If not, then it is unfair to men. In indian society married women do not have any responsiblity towards her parents if her brother is alive. If she claims property, she should also share responsibility. How will this work out. It has become very complex. I think the SC should think about the consequences also.

[@mickeymouse4938]

Its true .in that case , sisters should be forced to share responsibikity of parents instead of depriving them of equal rights. In any case, in reality daughters always get deprived of it by fathee writing will in favour of son .

[@jitendragarhwal3140]

@@mickeymouse4938 but how will they share this responsibility. They have a new family. And parents live with their sons. Society does not recognize women's responsibility towards their parents after marriage. How will it happen.

[@mickeymouse4938]

@@jitendragarhwal3140 Current system is not working out either- many parents kill girl child thinking she will not live with them in old age.

[@rgcse2400]

@@jitendragarhwal3140 she is a feminazi. For her CRPC 125 is misogynist istead of misandrist.

[@tanyatanya8141]

But boy as far as I know it's not compulsory that son should take responsibilities of his parents nd ours is a where about 68% area is under village and as I knw villagers have stereotype thinking ... According to their beliefs daughter should not take their brothers right 😅😅

[@jaibharat38]

Malhotra sir , this is 3-judge bench case not a constitution bench

[@piyushpant3382]

Thank you Rstv 👍

[@ManojManoj-jl4hh]

TY RSTV

[@Navin129]

What an excellent discussion!

[@CAIIB2025]

One of the best

[@bhaveshparashar289]

Rights are important but the one thing we should more focus on to become the Atmnirbhar .

[@SHEK092036]

sai deepak... new haristyle !

[@jadeja_Raj]

I am happy that we have advocate Like J.sai deepak in the supreme court

[@jacksongates6965]

J sai deepak has lost a lot of weight in quarantine😀.... Great

[@avanitsingh]

In the coming years country will talk about the property rights in their mother's property.

[@vishipedia8910]

the amendment says daughters are co-partners in both rights and and liabilities. why tf people pointing out debts should also be shared , debts are laibilities.

[@mickeymouse4938]

Can you please share the link where it has said about liabilities

[@vishipedia8910]

@@mickeymouse4938 listen to p k sir carefully he reads the bills wordings

[@pd0072]

j sai deepak seems to be reading like we students use to read notes before exam.

[@Mytravelaccounts]

Isn’t 2:46 incorrect? The Amendment was not only for girls born ‘after 2005 amendment’. Wouldn’t it defeat the purpose of the amendment?Please enlightened me if I am wrong.

[@ROCKY-tx4lu]

if the property is divided and registered before 20th Dec 2004. still daughter is liable to claim her rights.

[@dikshantkamboj181]

Frank was half a sleep😂😂

[@suchender801]

Dowry was only abolished in 1961, it was legal before. Hindu succession act came in 1956. What happens if daughter was married between 1956 and 1961 and dowry was given for marriage? Daughter gets both dowry and inheritance but son only gets share of inheritance. This might be case of disadvantage for sons. Also, will the gifts given to daughter in marriage also count as part of inheritance or will she get equal share of rest of property might cause contention in courts.

[@narsinghdhaminarsinghdhami7124]

Pareira sir you too shared screen with your daughter.

[@harshitasinghrana]

Sai Deepak has lost weight during lockdown

[@aryanbihar]

You're right

[@umeshsingh1341]

Sir meri maa ke pita ji ne apne samne hi Patrik Jameen ka 1990 me hi apne dono beto me Batbara Kar Diya hai ye batvara stamp paper par nahi hua hai. To sir aise batvare me meri maa ko hissa mil sakta hai Kya.

[@scientificspirituality4635]

ONLY HINDUS MUST ENACT LAWS FOR HINDUS IN INDIA...NOT SUPREME COURT OR ANY JUDICIARY.

[@VishnuSharma-zx2kb]

nice discussion

[@truthseeker149]

Periyar 1929 Karunanidhi 1989 Central govt 2005 Now supremecourt Can you imagine a man fought for this a century before...... Periyar.

[@acknowledgeme9890]

Stupid laws and stupid people....Sharia law is best

[@abhishekksharma5626]

Unemployment condition par bhi debate karwa do. I hope yahan kuch press ka freedom bacha ho😤

[@Antagonistock]

Please connect the video to J Sai Deepak.. Why is someone else speaking on his behalf?

[@unbiasedhuman1659]

What about Muslim Women s???

[@deepaklchalke4174]

Hindu succession Act existed since 1956 amended in 2005 as well to enact this rights in fewer of women by law. If Muslim law existed then situation could be same or You can file a PIL in Supreme court .

[@krishnakumar-iq9hz]

Provide subtitles 🙏🙏🙏🙏please

[@onlyncert5018]

My favourite Pannell