Hindu succession act amenment in 2005

HINDU SUCCESSION ACT AMENDMENT 2005 SHORT NOTES

1. Changes brought by
HINDU SUCCESSION AMENDMENT ACT 2005

in original succession act

ASHANAVAS CHITHARA
TALUK OFFICE NEDUMANGADU

2. 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
to sons have. The amended Section 6 deals with devolution
of interest in coparcenary property. Section 6(1) provides
that the daughter of a coparcener in a joint family governed
by the Mitakshara law shall, on and from the date of
commencement of the Hindu Succession (Amendment) Act,
2005, by birth become a coparcener in her own right in the
same manner as the son

3. She shall have the same rights and be subjected to
the same disabilities in the coparcenary property as
that of a son and any reference to a Hindu
Mitakshara Coparcenary shall be deemed to include
a reference to a daughter of a coparcener. But this
provision does not apply to a married daughter
before the commencement of the Amendment Act,
2005

4. This is the product of 174th Report of the
Law Commission of India on "Property Rights
of Women:. 2005 act, by deleting a major
gender discriminatory clause - Section 4 (2) of
the 1956 HSA - has made women's inheritance
rights in agricultural land equal to men's.

5. discriminatory provision

6. Section 15 of the Hindu Succession Act which
specifies how the property of a female Hindu will
devolve also contains certain discriminatory
provisions. It states that in the absence of class |
heirs( son, daughters & husband) the property of
a female Hindu will go to her husband's heirs and
only if these heirs are not then will the property
devolve upon her mother and father. However, in
the absence of the mother and father, the
property will again devolve upon the heirs of the
father and only if there are no heirs of father will
the property devolve upon the heirs of the
mother.

7. COMPARION BETWEEN UNAMENDED
HSA 1956 AND AMENDED HSA 2005

8. Section 6
Before 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

9. 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

10. Section 23
before 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

11. Reference to section 8
before 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

12. SECTION 24
before 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

13. THANK YOU