The present amendment does not make any change in this regard. The necessity in analyzing both the laws is to contextualize the issue of property rights of hindu women in india. Chapter 1 preliminary 1 short title and extent 2 application of act. It amended section 4, section 6, section 23, section 24 and section 30 of the hindu succession act, 1956. The name of the act should have been the hindu daughters birth right to coparcenary property act. Under the hindu succession act, 1956, husband is not a legal heir to his wifes estate, if there is a son or a daughter or children of a predeceased son or daughter as was pointed out by the supreme court in smt.
Clarification of hindu succession act amendment 2005. Be it enacted by parliament in the seventh year of the republic of india as follows. The hindu succession act, 2005, an amendment to the hindu succession act, 1956, received the assent from president of india on 5 september 2005 and was given effect from 9 september 2005. The hindu succession amendment act, 2005 wikipedia. With this amendment, daughters have been put at par with sons, as far as coparcenary rights in huf property are concerned. The statement of objects and reasons of the amendment act 39 of 2005 read as follows. Clarification of hindu succession act amendment 2005 lawrato. This amending act in a partrilineal system, like mitakshara school of hindu law opened the door for the women, to have the birth right in the family property like the son. Explore hindu succession act profile at times of india for photos, videos and latest news of hindu succession act. An act to amend and codify the law relating to intestate succession among hindus. The hindu succession amendment act 2005 indian bare. It was a revolutionary step in the field of indian legislation regarding rights of women in india. Hence, the name of the act the hindu succession amendment act 2005 is a misnomer.
It was essentially meant for removing gender discriminatory provisions regarding property rights in the hindu succession act, 1956. So women can claim a share over the ancestral or joint family property as coparceners by birth. Section 3 in the hindu succession amendment act, 2005. This act was passed to address the inequalities in succession to agricultural land, mitakshara joint family property, parental dwelling house and certain widows rights. Apr 14, 2015 changes brought by hindu succession amendment act 2005 in original succession act by anand pratap arya vashist sharda university 2. These states were andhra pradesh, tamil nadu, maharashtra and karnataka. For section 6 of the principal act, the following section shall be substituted, namely.
Hello the property is question was bought by my grandfather in ajmer, rajasthan in 1956. The amendment provided daughters equal rights in coparcenary property on birth, at par with sons. Low this article has been rated as lowimportance on the projects importance scale. I am forwarding herewith 204th report of the commission on hindu succession. The hindu succession act, 1956 is an act of the parliament of india enacted to amend and codify the law relating to intestate or unwilled succession, among hindus, buddhists, jains, and sikhs. An act further to amend the hindu succession act, 1956. The karnataka high court has said that the repealing and amending act, 2015 which repeals the hindu succession amendment act, 2005 in whole, does not wipe out the amendment to section. Aug 10, 2014 amended 2005 devolution of interest in coparcenary property. The 2005 act covers inequalities on several fronts. According to hindu succession amendment act, 2005 every daughter, whether married or unmarried, was considered a member of her fathers house and could even be appointed as karta who manages of is house property. Recent changes brought about by the hindu succession amendment act, 2005 this amending act of 2005 is an attempt to remove the discrimination as contained in the amended section 6 of the hindu succession act, 1956 by giving equal rights to daughters in the hindu mitakshara coparcenary property as the sons have. Hindu succession act 1956 year 2017 judgments legalcrystal. It has passed the said judgment in a bunch of petitions on 16th october 2015.
This disparity was removed by an amendment that came into force on september 9, 2005. Both nehru and gandhi who lead the freedom struggle from the forefront realised that the economic disadvantage of women was at the root indescribable. Government of india law commission of india proposal to. Changes brought by hindu succession amendment act 2005 in original succession act by anand pratap arya vashist sharda university 2. It revised rules on coparcenary property, giving daughters of the deceased equal rights with sons, and subjecting them to the same liabilities and disabilities. Clarification of hindu succession act amendment 2005 answered by expert property lawyer. This part shall not apply if the deceased was a hindu, muhammadan, buddhist, sikh or jaina.
Both nehru and gandhi who lead the freedom struggle from the forefront realised that the economic disadvantage of women was at the root indescribable inequalities. Section 6 as substituted by the hindu succession amendment act, 2005. This amending act of 2005 is an attempt to remove the discrimination as contained in the amended section 6 of the hindu succession act, 1956 by giving equal rights to. How did the 1956 hindu succession act and the subsequent. The hindu succession amendment act, 2005, amended section 4, section 6, section 23, section 24 and section 30 of the hindu succession act, 1956. In the hindu succession act, 1956 central act xxx of 1956 after section 6, the following sections shall be inserted, namely. This amending act of 2005 is an attempt to remove the discrimination as contained in the amended section 6 of the hindu succession act, 1956 by giving equal rights to daughters in the hindu mitakshara coparcenary. The 2005 amendment to the hindu succession act and gender.
The hindu succession amendment act, 2005 is a landmark. The hindu succession act of 1956, which governed the laws relating to property rights of hindu women, was hailed to have. The honble supreme court has recently passed a judgment in respect of whether the amendment of 2005 to the hindu succession act the amendment act is prospective or retrospective. After the amendment, daughters have the same rights and liabilities as sons. The 2005 amendment is also reinforcing the idea of birthright without considering the repercussions it will have on all the women of a hindu joint family.
Whether amendments made to the hindu succession act are. The state of andhra pradesh was the first state to implement the same followed by tamil nadu, karnataka and maharashtra. Be it enacted by parliament in the fiftysixth year of the republic of india as follows. Feb 18, 2020 but on september 9, 2005, the hindu succession act, 1956, which governs the devolution of property among hindus, was amended. But in the year 2005, the hindu succession act was amended and overruled the state amendments. Section 6, section 23, section 24 and section 30 of the hindu. Kerala state went to the extent of passing an act the kerala joint hindu family system abolition act of 1975.
The hindu succession act, 1956 is an act of the parliament of india enacted to amend and codify the law relating to intestate or unwilled succession, among hindus, buddhists, jains, and. The act of 2005 confers birth right on the daughter of a coparcener and no new right by way of succession was conferred on the daughters. But in respect of its application there is a difference. The act lays down a uniform and comprehensive system of inheritance and succession into one act. Why supreme courts recent verdict on womens inheritance. The hindu succession act, 1956 has amended and codified the law relating to intestate succession among hindus. It was long felt need to bring about economic emancipation of women in order to ensure genuine equality. This deals with the testate and intestate succession. But on september 9, 2005, the hindu succession act, 1956, which governs the devolution of property among hindus, was amended. We all are aware that in year 2005 there is a one of the most important amendment has taken place in hindu succession act with respect of.
The hindu succession amendment act, 2005 wealthymatters. Changes brought in the position of women specifically in. Act, as amended by hindu succession amendment act, 2005. Apr 06, 2014 this act was passed to address the inequalities in succession to agricultural land, mitakshara joint family property, parental dwelling house and certain widows rights.
The self earned property on intestate death distributed as mentioned under section 8 hindi succession act on class one heirs that are wife children and parents. Hindu succession amendment act, 2005 pdf hindu succession amendment act 2005. The succession act and the amendment the hindu succession act 1956, which also applies to buddhists, jains and sikhs, gave women conditional inheritance rights. In section 4 of the hindu succession act, 1956 30 of 1956 hereinafter referred to as the. Hindu succession amendment act 2005 linkedin slideshare. Interest of hindu women in coparcenary property under. The act brought about changes in the law of succession among hindus and gave rights. In order to see effects of hindu succession amendment act, 2005, for short 2005 amendment act it is necessary to reproduce amended section 6 which is as under. The self earned property on intestate death distributed as mentioned under section 8 hindi succession.
After 50 years, the government finally addressed some persisting gender inequalities in the 1956 hindu succession act 1956 hsa, which itself was pathbreaking. After the amendment, daughters have the same rights and liabilities as. The issue of succession has to be analysed in a more holistic way by looking at different types of laws like matrimonial property laws, maintenance laws etc. As per the state amendment introduced by the karnataka in 1994, if the women got the marriage before 1994, she will not have any share over the property.
The hindu womans limited estate is abolished by the act. Interest of hindu women in coparcenary property under hindu. The hindu succession amendment act, 2005 a misnomer. Legal rights of daughter before amendment of hindu. The hindu succession maharashtra amendment act, 1994. Repealing of hindu successionamendment act 2005 doesnt. Qualifications to property under hindu succession law.
Chapter i preliminary l i this act may be called the hindu succession act, 1956. My father is the eldest son and younger only to his sister. Hindu succession amendment act 2005 year 20 judgments. Be it enacted by parliament in the fifty sixth year of the republic of india as follows. He has 3 sons all alive and 2 daughters 1 alive, 1 passed away in 2006. The judgment is passed by the bench of justice anil r. Section 6 of the hindu succession act, 1956, which deals with coparceners right in the huf property, was amended in 2005 w. According to hindu succession amendment act, 2005, every daughter, whether married or unmarried, is considered a member of her fathers huf and can even be appointed as karta who manages of his huf property. Explore hindu succession act profile at times of india for photos, videos and latest news of. The hindu succession amendment act, 2005, essentially overhauled the system of succession in hindu families, both mitraksha and dayabhaga.
The indian succession act 1925 is a bogey attached to this paper. After the commencement of the hindu succession amendment act, 2005, no court shall recognise any right to proceed against a son, grandson or great grandson for the recovery of any debt due from his father, grandfather or great grandfather solely on the ground of the pious obligation under the hindu law, of such son, grandson or great grandson to discharge any such debt. Short summary of the hindu succession amendment act, 2005. Legal rights of daughter before amendment of hindu succession. Stridhana refers to that property which is acquired or owned by a woman and over which she has absolute control, subject to a few exceptions. Parliament in order to remove discrimination on the basis of the gender brought amendment to the hindu succession act in 2005. The hindu succession amendment act 2005 indian bare acts. Start this article has been rated as startclass on the projects quality scale. The karnataka high court has said that the repealing and amending act, 2015 which repeals the hindu succession amendment act, 2005 in. Section 6 of hs act 2005 says that daughter by birth become a coparcener in her own right in the same manner as the son. The hindu succession act was amended in 2005 with a view to reaffirm the equality granted to women under article 14 of the constitution. In section 4 of the hindu succession act, 1956 30 of 1956. Hindu succession amendment act, 2005 39 of 2005, in a joint hindu. Thus the amendment of hindu succession act of 1956 in 2005 is a total commitment for the women empowerment and protection of womens right to property.
The hindu succession amendment act, 2005,2 amended section 4. Hindu succession act 1956 hindu succession act, 1956 30 of 1956, dt. Feb 05, 2018 however, on september 9, 2005, the hindu succession act, 1956 was amended. Hindu succession act 1956 originally did not gave inheritance rights in ancestral property but ask for a right to sustainedmaintain from hindu joint family. Jan 18, 2016 the hindu succession amendment act, 2005, essentially overhauled the system of succession in hindu families, both mitraksha and dayabhaga. One of the most significant amendments in the hindu succession amendment act, 2005 is the deletion of the gender discriminatory section 4 2 of the 1956 hsa. This article is within the scope of wikiproject law, an attempt at providing a comprehensive, standardised, panjurisdictional and uptodate resource for the legal field and the subjects encompassed by it. Insertion of new sections in central act xxx of 1956.
The hindu succession act, 1956 is an act of the parliament of india enacted to amend and. The defendants relied upon a division bench judgment of the high court in m. This act is a consolidating act and has combined indian succession act 1865, parsees intestate succession act, the. Amendment acts of all these states are on the similar lines.
In a landmark decision, the supreme court said that the daughters who were born before the 2005 amendment of hindu succession act, 1956 are entitled to equal shares as a son in ancestral property the apex court stated that the hindu succession act which gives equal rights to daughters on the inherited property would be applied to all women including women born before this date. Changes brought in the position of women specifically in sec. The amendment of 2005 hindi succession act under section 6 was for the coparcenary property the daughter always had right on self earned property of father. The hindu succession act, 1956, originally didnt give daughters equal rights to ancestral property.