The first era of confusion about the proper interpretation of section 6 of the hindu succession amendment act, 2005 amendment act, which had been set to rest by the supreme court in prakash v. The amendment provided daughters equal rights in coparcenary property on birth, at par with sons. Whercas the constitution of india has prociaimed equality before law as a fundanental right. This act was enacted in order to consolidate the fundamental right in the indian constitution freedom of speech. The amendment of 2005 to hindu succession act is a cauldron of confusions and inconsistencies. The hindu succession act 1956 was amended in 2005, allowing daughters an equal share in ancestral property. Hence, the name of the act the hindu succession amendment act 2005 is a misnomer. Aii act to amend the hindu succession act, 1956 in its application to the state of andhra pradcsh. It was a revolutionary step in the field of indian legislation regarding rights of women in india. Since 9 september 2005, daughters too can be joint owners. This change is most evident in its effect on the hindu joint family system. L i this act may be called the hindu succession act, 1956. Bill further to amend the hindu succession act, 1956.
Application of act 1 this act applies a to any person, who is a hindu by religion in any of its forms or developments including a virashaiva, a lingayat or a follower of the brahmo, prarthana or arya samaj. Westernisation and globalization have radically changed the face of india. What you need to know about section 6 of the hindu. Phulavati phulavatis case, has been reignited by the supreme court, albeit unintentionally, in danamma v amar danammas case. What are the changes brought about by hindu succession. Hindu succession act 1956 is enacted with an object of codifying hindu law. Critical analysis of section 6 of the hindu succession new updates on website ias judiciary clat study material question papers legal essays judgements trials ncert. Changes brought in the position of women specifically in. The hindu succession amendment act 2005 indian bare. 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. Sc clears that women born before hindu succession act. Sc clears that women born before hindu succession act 2005 also have ancestral rights supreme court has clarified that the hindu succession act 2005 includes daughters who were born prior to the date of the introduction of the law as well. Short summary of the hindu succession amendment act, 2005. Hindu succession amendment act of 2005 in the present times, a womens ability to control and access resources has imparted a hope towards having gender justice in our society that will, in the long run, contribute towards the wellbeing of future generations.
Before the amendment of the act, women could only ask for maintenance from a joint hindu family. Section 6 of the hindu succession amendment act 2005. This right, if at all, would accrue under section 6 of the hindu succession act 2005 which runs thus. The hindu succession amendment act, 2005 wikipedia. Daughters can inherit ancestral property if father died. The court said the father would have had to be alive on september 9, 2005, if the daughter were to become a cosharer with her male siblings. But on september 9, 2005, the hindu succession act, 1956, which governs the devolution of property among hindus, was amended. Later, congressled upa government amended the act on september 9th, 2005 and empowered them to inherit the ancestral property. Hindu succession act with 2005 amendment delhi law academy. Lodha and jagdish singh khehar in a judgment said that under the hindu succession amendment act, 2005, the daughters are entitled to equal inheritance rights along with.
It was essentially meant for removing gender discriminatory provisions regarding property rights in the hindu succession act, 1956. Changes brought by hindu succession amendment act 2005 in original succession act by anand pratap arya vashist sharda university 2. Hindu succession amendment act, 2005 pdf hindu succession amendment act 2005. Equal rights of daughters to ancestral property remains. The hindu succession amendment act, 2005 a misnomer. The hindu succession amendment act 2005 in india bare acts, banking and insurance, business and corporate, constitutional, consumer laws, criminal law, energy, environmental, family and inheritance, heritage and national importance, immigration law, labor law, the hindu succession amendment act 2005 national security, others, procedural and. The authorities under rti act 2005 are called quasijudicial authorities. An act to amend and codify the law relating to intestate succession among hindus. 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. Be it enacted by parliament in the fiftysixth year of the republic of india as follows. This might be because of factors such as imperfect language used in the amendment, inconsistent. An act further to amend the hindu succession act, 1956.
Thirdly, the hindu succession amendment act, 2005 deletes section 23 of the 1956 hsa, thereby giving all daughters married or not the same rights as sons to reside in or seek partition of the family dwelling house. Daughters born before 2005 have equal rights to ancestral. Amendments the hindu succession amendment act, 2005,2 amended section 4, section 6, section 23, section 24 and section 30 of the hindu succession act, 1956. The hindu succession act was amended in 2005 with a view to reaffirm the equality granted to women under article 14 of the constitution. The hindu succession amendment act, 2005 39 of 2005 was enacted to remove gender discriminatory provisions in the hindu succession act, 1956. Legal rights of daughter before amendment of hindu.
The repealing and amending act, 2015, which repeals the hindu succession act amendment act, 2005 in whole, therefore, does not wipe out the amendment to section 6 from the hindu succession act. The 2005 amendment to section 6 of the hindu succession act hsa applies only to a hindu undivided family huf that is governed by the mitakshara school of hindu. Section 4 clause 2 of the principal act was omitted, where it was declared that the act shall not affect the provision of any law providing for prevention of fragmentation of agricultural holdings or the fixation. Section 63 talks of death after the amendment for its applicability. Girls born before 2005 law change now have equal rights to property too the amendment to the hindu succession act giving daughters equal rights to ancestral property is applicable even for girls born before the law was changed in 2005, the bombay high court has said. Devolution of interest in coparcenary property 1 on and from the commencement of the hindu succession amendment act, 2005, in a joint hindu family governed by the mitakshara law, the daughter of a coparcener shall. Hsa along with hma, hama and hga are some of the most important topics for judiciary exams. The text of the amendment itself clearly provides that the right conferred on a daughter of a coparcener is on and from the commencement of hindu succession amendment act, 2005. The necessity in analyzing both the laws is to contextualize the issue of property rights of hindu women in india. Reforms under the hindu succession amendment act of 2005. Families that would give the saasbahu serials of today a run for their money have now given way to nuclear families. Bare act of hindu succession act 1956 with the 2005 amendment.
Clarifying further, the bench added that the hindu succession amendment act, 2005 2005 hsa amendment to section 6 of the hsa makes a daughter a coparcener one who shares equally in inheritance of an undivided joint family property, and since 2005 this applies equally to both sons and daughters since birth. Since rti is implicit in the right to freedom of speech and expression under article 19 of indian constitution, it is an implied fundamental right. Hindu succession amendment act, 2005 empowering women. Under the amendment, the daughter of a coparcener shall by birth become a coparcener in her own right in. Analysis of judgements on hindu succession act 1956 right from 1956 to 2016 i. The hindu succession amendment act, 2005, amended section 4, section 6, section 23, section 24 and section 30 of the hindu succession act, 1956. Hindu succession act, 1956 was amended in 2005 which says daughter has equal right in the fathers property after marriage. The name of the act should have been the hindu daughters birth right to coparcenary property act. With this amendment, daughters have been put at par with sons, as far as coparcenary rights in huf property are concerned.
The hindu succession amendment act, 2005 wealthymatters. Section 6, as amended, stipulates that on and from the commencement of the amended act, 2005, the daughter of a coparcener shall by birth become a coparcener in her own right in the same manner as. The court held that the amended provisions of the hindu succession amendment act, 2005, could not have retrospective effect despite it being a social legislation. It revised rules on coparcenary property, giving daughters of the deceased equal rights with sons, and subjecting them to the same liabilities and disabilities. The hindu succession amendment act, 2005 39 of 2005 was enacted to remove gender. But it added, the property of a coparcener can only devolve by survivorship if there are only male heirs. The hindu succession act of 1956, which governed the laws relating to property rights of hindu women, was hailed to have. Provided online free of charge by delhi law academy for larger student benefit. Section 23 did not allow married daughters unless separated. Section 6 of the hindu succession act, 1956, which deals with coparceners right in the huf property, was amended in 2005 w. 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.