Does the father’s death before 2005 block the right?

No, if the partition was not concluded before the amendment. Pending or later partitions must recognize daughters’ coparcenary rights.

Do married daughters get an equal share?

Yes. Marriage status does not reduce rights. Shares are computed equally with sons and the widow, as applicable.

What did the Supreme Court decide in 2018?

It set aside contrary views, recognized daughters as coparceners by birth, and granted equal shares in the family property.

Is the amendment retrospective?

It is prospective in operation but applies to partitions decided after 2005, even if the coparcener died earlier and no final partition had occurred.

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Q: Are daughters coparceners by birth?

Yes. After the 2005 amendment to Section 6 HSA, a daughter of a coparcener is a coparcener by birth with the same rights and liabilities as a son.

Quick Summary

Core holding: A daughter of a coparcener is a coparcener by birth. She has the same rights and duties as a son under Section 6, HSA (as amended in 2005).

Even if the father died earlier, if no final partition had taken place, courts must give the daughter an equal share. Here, each daughter got 1/5th along with the widow and two sons.

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Issues

Are daughters coparceners by birth at par with sons?

Do daughters get equal shares in partitions decided after the 2005 amendment?

Rules

Section 6, HSA (as amended 2005): Daughter of a coparcener becomes a coparcener by birth, with rights and liabilities equal to a son.
Amendment applies to partitions finalized after 2005; pending suits must reflect the new rights.

Facts (Timeline)

Timeline of litigation and statutory change under HSA Section 6

2001: Family patriarch Gurulingappa Savadi dies; joint family property dispute arises.

2002: Grandson (Amar) files partition suit; claims daughters are not coparceners; trial court agrees.

2005: HSA amended; daughters declared coparceners by birth.

2007: Trial court passes partition decree without giving daughters equal rights.

Appeals fail in lower courts; daughters move Supreme Court under Article 136.

Arguments

Appellants (Daughters)

After 2005, they are coparceners by birth—equal rights.
Partition suit was pending; decree came in 2007, so amended Section 6 applies.
Marriage or date of birth cannot defeat statutory equality.

Respondents

Daughters were married; custom treated them as not entitled.
Father died before 2005; rights should be frozen earlier.
Earlier rulings had denied daughters’ shares; those should stand.

Judgment

Appeal allowed. High Court and trial court decisions set aside.
Daughters recognized as coparceners by birth with equal shares.
Since final partition decree was in 2007, the 2005 amendment governed the outcome.
Each daughter entitled to 1/5th share along with the widow and two sons.

Ratio Decidendi

Section 6 HSA (2005) grants daughters coparcenary by birth. Courts must apply it to partitions finalized after 2005, regardless of when the father died, unless partition was legally concluded earlier.

Why It Matters

Strengthens gender equality within Hindu joint families.
Gives clear guidance for pending and future partition suits post-2005.
Aligns family property law with constitutional equality principles.

Key Takeaways

Daughters = coparceners by birth (HSA §6, 2005).
Apply to partitions finalized after 2005.
Equal shares with sons and widow when computing allotments.

Mnemonic + 3-Step Hook

Mnemonic: “Born Equal @ 2005.”

Born: Daughter’s status starts at birth.
Equal: Same rights and duties as son.
2005: Apply to partitions finalized after amendment.

IRAC Outline

Issue	Rule	Application	Conclusion
Are daughters coparceners with equal shares?	HSA §6 (Amendment 2005): daughter = coparcener by birth.	Partition suit pending; decree in 2007 → amended law governs; marriage/date of birth irrelevant.	Yes. Appeals allowed; daughters get 1/5th each with other heirs.

Glossary

Coparcenary: A narrower body within a Hindu joint family where members get rights by birth in ancestral property.
Partition: Legal division of joint family property into separate shares.
Final Decree: Court order conclusively determining and allotting shares; before this, rights can still be affected by law changes.