Changes brought by Hindu Succession Amendment Act 2005 in

original Succession Act

BY - ANAND PRATAP ARYA VASHIST

SHARDA UNIVERSITY

This amending Act of 2005 is an attempt to remove thediscrimination as contained in the amended section 6 of theHindu Succession Act, 1956 by giving equal rights todaughters in the Hindu mitakshara coparcenary property asto sons have. The amended Section 6 deals with devolutionof interest in coparcenary property. Section 6(1) providesthat the daughter of a coparcener in a joint family governedby the Mitakshara law shall, on and from the date ofcommencement of the Hindu Succession (Amendment) Act,2005, by birth become a coparcener in her own right in thesame manner as the son

She shall have the same rights and be subjected tothe same disabilities in the coparcenary property asthat of a son and any reference to a HinduMitakshara Coparcenary shall be deemed to includea reference to a daughter of a coparcener. But thisprovision does not apply to a married daughterbefore the commencement of the Amendment Act,2005

In Porchuri Sambasiva v. PorchariSrinivassarao (2007) 59 AIC 14 (AP), it washeld that the daughter becomes coparcenerafter The Hindu Succession (Amendment)Act, 2005. The right of a daughter ascoparcener in family property arises onlyafter 2005 Amendment (Valliamal v.Muniyappar (2009)

This is the product of 174th Report of theLaw Commission of India on "Property Rightsof Women:. 2005 act, by deleting a majorgender discriminatory clause - Section 4 (2) ofthe 1956 HSA - has made women's inheritancerights in agricultural land equal to men's.

discriminatory provision

Section 15 of the Hindu Succession Act whichspecifies how the property of a female Hindu willdevolve also contains certain discriminatoryprovisions. It states that in the absence of class Iheirs( son, daughters & husband) the property ofa female Hindu will go to her husband's heirs andonly if these heirs are not then will the propertydevolve upon her mother and father. However, inthe absence of the mother and father, theproperty will again devolve upon the heirs of thefather and only if there are no heirs of father willthe property devolve upon the heirs of themother.

COMPARION BETWEEN UNAMENDED HSA 1956 AND AMENDED HSA 2005

Section 6Before 2005: Son has independent birth right

inn joint family property as a coparcener,Daughter can not be coparcener

after 2005: son and daughter both have right and liability from the date of birth as a

coparcener in joint family property

Section 4(2)before 2005: inheritance of

agricultural land is subject to state level tenurial laws, and not to the HAS

after 2005: inheritance right in all agricultural land are subject to the HSA

Section 23before 2005: In a dwelling house where member

are residing no female heir can claim partition and Daughter have right of residance only when

she is unmarried, deserted, or widowed

after 2005: now daughters (married or unmarried) have the same right to reside in and to claim partition of the parental dwelling house

same as son

Reference to section 8before 2005: the class 1 heirs of hindu male include the

children of predeceased children but these are recognised up to two generation for predeceased son

and up to one generation of predeceased daughter

after 2005: class 1 heirs of hindu male include up to 2 generation of both Son and Daughter

SECTION 24before 2005: A widow is not entitled to inherit the

intestate property as a widow if on the date the succession popen she has remarried

after 2005: A remaaried widow can inharit the property even if they remaried

THANK YOU