VidhiSangh

Supreme Court of India · 11/08/2020

VINEETA SHARMA versus RAKESH SHARMA & ORS.

[2020] 10 S.C.R. 135 · 2020 INSC 487

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Amended Section 6 gives daughters born before or after the amendment coparcenary status by birth, with the same rights and liabilities as sons. Earlier-born daughters can claim those rights from 9 September 2005; the father need not then have been alive. Protected transactions before 20 December 2004 remain saved. A notional partition did not dissolve the coparcenary, and preliminary decrees do not prevent recognition of daughters’ rights in pending proceedings. Oral partition requires exceptional, conclusive documentary support. The reference was answered and individual matters left for decision on merits.

Issues

  1. Whether a daughter’s coparcenary rights depend on her father being alive on 9 September 2005.
  2. How notional partition and preliminary decrees affect the amended rights.
  3. When an alleged earlier partition can defeat a daughter’s claim.

Provisions considered

Held

Result

Reference answered. Contrary precedents overruled to the stated extent; individual matters directed to appropriate Benches for decision on merits, with a request for expeditious disposal of pending cases.

Judgment PDF: Supreme Court of India, [2020] 10 S.C.R. 135.