Mitakshara daughter’s birth right in Ancestral property – Coparcenary conundrum, Legal ambiguities and Judicial interpretations

Abstract The year 2005 witnessed a significant legal change declaring Mitakshara Hindu daughters as coparceners by birth and conferred a right to inherit an equal share in the ancestral property along with their male counterparts. It was a moment to be celebrated as a milestone in achieving equal property rights with absolute power of disposal. Nevertheless, it has opened up many queries relating to the concepts like what is Mitakshara? What is coparcenary? What is right by birth? Who is a daughter for the purpose of this right? Do married daughters continue as coparceners? Does the Act have retrospective effect? Whether this will apply only to daughters in those families where father was alive as on the date of coming into force of this Act? Etc. Where the law is silent, interpretations sweep in. Justice facilitators, the advocates, take it to the advantage of their clients, who are either the daughters or sons of the family. Justice dispensers, the courts, in the process of interpretation, take different routes to find out the intention of the legislature and arrive at different conclusions, may be contrary to each other. In this backdrop, the object of this paper is to throw light upon the basic concepts about which most of the Hindus are unaware of, though the law pertains to them, to give an overview of the law and its complexities and to highlight how the courts have interpreted various connected issues relating to daughter’s right to inherit coparcenary property in her father’s family.