Daughters Entitled to Equal Coparcenary Rights, Rules Kerala Act Repugnant to HSA: Kerala High Court

The Kerala High Court held that daughters of Hindus who died after December 20, 2004, are entitled to equal coparcenary rights under the Hindu Succession (Amendment) Act, 2005.

Justice Easwaran ruled that Sections 3 and 4 of the Kerala Joint Hindu Family System (Abolition) Act, 1975, are repugnant to Section 6 of the amended Central Act and cannot override it.

The Court emphasized that the Kerala Act’s deemed partition concept could not override daughters' birthright under the 2005 amendment.

The court also reaffirmed Vineeta Sharma v. Rakesh Sharma, stating daughters’ rights are by birth, not dependent on the father’s survival.