My grandfather died in the year 1993 without leaving a will. The hindu succession maharashtra amendment act, 1994. Bill further to amend the hindu succession act, 1956. One of the most significant amendments in the 2002 amendment act is deleting the gender discriminatory section 42 of. In the hindu succession act, 1956 central act xxx of 1956 after section 6, the following sections shall be inserted, namely. The hindu womans limited estate is abolished by the act. Hindu succession act of 1956 and 2005 legal advice. The hindu succession amendment act, 2005 wikipedia. Succession in the hindus is governed by the hindu succession act, 1956, which bases its rule of succession on the basic principle of propinquity, i. Section 6 as substituted by the hindu succession amendment act, 2005. The 2005 act covers inequalities on several fronts. The man, amar, had claimed that since his aunts were born before 1956, they were not eligible for the rights the succession act conferred on them, nor was the 2005 amendment applicable to them.
Also, till the advent of the hindu succession act 1956 most of the reforms were directed towards protecting the rights. The hindu succession amendment act, 2005 is a landmark. June, 1956 an act to amend and codify the law relating to intestate succession among hindus be it enacted by parliament in the seventh year of the republic of india as follows. Equal rights by way of succession were already given to daughters as that of with sons by section 8 of hindu succession act, 1956 rw the schedule. The idea of the limited estate as propagated by the hindu womens right to property act was abolished in 1956 by the introduction of the hindu succession act. Be it enacted by parliament in the fiftysixth year of the republic of india as follows. Section 4 clause 2 of the principal act omitted, where it was declared that the act shall not effect the provision of any law providing for prevention. The hindu succession act, 1956 addeddate 20150724 04. General rule of succession in the case of female hindus.
Hindu succession act 1956 hindu succession act, 1956 30 of 1956, dt. Be it enacted by parliament in the seventh year of the republic of india as follows. The hindu succession amendment act, 2005 a misnomer though. The hindu succession amendment act, 2005, essentially overhauled the system of succession in hindu families, both mitraksha and dayabhaga. Ramifications of the amendment in the hindu succession act shivani singhal the struggle over the property rights of women has been a protracted one, and the accomplishments have been few and far between. The hindu succession act, 1956 has amended and codified the law relating to intestate succession among hindus.
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. 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. The necessity in analyzing both the laws is to contextualize the issue of property rights of hindu women in india. Hindu succession amendment act, 2005 39 of 2005, in a joint hindu family governed by the. Changes brought in the position of women specifically in. Chapter 1 preliminary 1 short title and extent 2 application of act.
General rules of succession in the case of female hindus. Hindu succession act 1956 originally did not gave inheritance rights in ancestral property but ask for a right to sustainedmaintain from hindu joint family. The hindu succession amendment act, 2005 wealthymatters. Chapter i preliminary l i this act may be called the hindu succession act, 1956. Analysis of judgements on hindu succession act 1956 right from 1956 to 2016 i. It is proposed to remove the discrimination as contained in section 6 of the hindu succession act, 1956 by giving equal rights to daughters in the hindu mitakshara coparcenary property as the sons have. The hindu succession amendment act, 2005 a misnomer.
This act may be called the hindu succession act, 1956. Whether amendments made to the hindu succession act are. After 50 years, the government finally addressed some persisting gender inequalities in the 1956 hindu succession act 1956 hsa, which itself was pathbreaking. The hindu succession act of 1956, which governed the laws relating to property rights of hindu women, was hailed to have. An act further to amend the hindu succession act, 1956. Short summary of the hindu succession amendment act, 2005. In section 4 of the hindu succession act, 1956 30 of 1956.
Topics the hindu succession act, 1956 collection opensource language english. Any hindu may dispose of by will or other testamentary disposition any property, which is capable of being so disposed of by him, in accordance with the provisions of the indian succession act, 1925, or any other law for the time being in force and applicable to hindus. The amendment essentially furthers equal rights between males and females in the legal system. Be it enacted by parliament in the fiftysixth year of the republic of india as. The present debate about removing discrimination against women to a large extent remains confined to the experts. Interest of hindu women in coparcenary property under. It was essentially meant for removing gender discriminatory provisions regarding property rights in the hindu succession act, 1956. My grand parents are survived by 1one son my father and he is the youngest among all siblings and 2 3 daughters my aunts. Even daughter has become coparcener after amendment of hindu succession act, 1956, but marriage of daughter still an obligation of the.
It was long felt need to bring about economic emancipation of women in order to ensure genuine equality. Insertion of new sections in central act xxx of 1956. This disparity was removed by an amendment that came into force on september 9, 2005. This part shall not apply if the deceased was a hindu, muhammadan, buddhist, sikh or jaina. The hindu succession amendment act, 2005 after having been passed in both the houses of the parliament on august 2005, received the assent of the president of india on 5th september 2005 and came into force from 9th september, 2005 incorporating the reforms suggested in the 174th report of the law commission of india. The statement of objects and reasons of the amendment act 39 of 2005 read as follows. It amended section 4, section 6, section 23, section 24 and section 30 of the hindu succession act, 1956. This act was passed to address the inequalities in succession to agricultural land, mitakshara joint family property, parental dwelling house and certain widows rights.
Proposal to amend the hindu succession act, 1956 as amended by. The hindu succession act is one in the series of enactments purporting to change the. An over view of the hindu succession act, 1956 and hindu succession tamil nadu amendment act, 1989 the law changes and flows like water, and the stream of womens rights law has become a sudden rushing torrent. It was a revolutionary step in the field of indian legislation regarding rights of women in india. The hindu succession act, 1956, originally didnt give daughters equal rights to ancestral property. An overview by subhan bande, advocate, kadapa cuddapah. An act to amend and codify the law relating to intestate succession among hindus. The hindu succession amendment bill 2004, passed unanimously by the lok sabha, comes after a long gap. Both nehru and gandhi who lead the freedom struggle from the forefront realised that the economic disadvantage of women was at the root indescribable.
The hindu succession act 1956 with the hindu amendment act. Hindu succession act,1956 bare act with pdf download. Power of state government to exempt any race, sect or tribe in the. 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. As per 2005 amendment in the aforesaid act following relations viz.
The hindu succession act was a progressive act that brought about many reforms, the most important being the granting of absolute rights to women, over. The act lays down a uniform and comprehensive system of inheritance and succession into one act. Government of india law commission of india proposal to. It revised rules on coparcenary property, giving daughters of the deceased equal rights with sons, and subjecting them to the same liabilities and disabilities. Short title and extent 1 this act may be called the hindu succession act. After section 6 the following sections shall be inserted, namely6a.
Be it enacted by parliament in the sixtysixth year of the republic of india as follows. Section 6 of hindu succession act 1956 before 2005 amendment was as under. Hindu succession amendment act 2005 changes brought about by hindu succession amendment act of 2005 39 of 2005 lets see today what changes came in hindu succession act, 1956 by the amendment in 2005. 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. The hindu succession act, 1956 30 of 1956 17th june, 1956 an act to amend and codify the law relating to intestate succession among hindus.
Why supreme courts recent verdict on womens inheritance. Before the hindu succession act, 1956, shastric and traditional laws. Though the act is hindu succession amendment act, there is nothing new qua daughters rights of succession. Hindu succession act 1956 is enacted with an object of codifying hindu law.
The hindu succession amendment act, 2005 a misnomer though the act is hindu succession amendment act, there is nothing new qua daughters rights of succession. As discussed above, the hindu succession act, 1956, was amended in 2005 by the hindu succession amendment. The hindu succession amendment act, 2005 was enacted to enlarge the rights of a daughter both married and unmarried and to bring her at par with a male member of a joint hindu family governed by the mitakshara law. In the matter of succession to the property of a hindu male dying intestate, the act lays down a set of general rules in sections 8 to. How did the 1956 hindu succession act and the subsequent. The indian property law specifies married daughters property right. Hindu, succession, india, 1956 collection opensource language english. We have ancestral property which is being passed on from generations to us. Hindu succession act, 1956 was amended in 2005 which says daughter has equal right in the fathers property after marriage.