Hindu Succession (Amendment) Act, 2005
| The Hindu Succession (Amendment) Act, 2005 | |
|---|---|
 | |
| Parliament of India | |
Long title
| |
| Citation | Act No. 39 of 2005 |
| Enacted by | Parliament of India |
| Assented to | 5 September 2005 |
| Commenced | 9 September 2005 |
| Codification | |
| Acts amended | Hindu Succession Act, 1956 |
| Status: In force | |
The Hindu Succession (Amendment) 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.[1] It was essentially meant for removing gender stereotype provisions regarding property rights in the Hindu Succession Act, 1956. It was a revolutionary step in the field of Indian legislation regarding rights of women in India.
Key amendments
Amendment of section 4 of the principal Act
In section 4 of the Hindu Succession Act, 1956, sub-section (2) has been omitted.[2]
Amendment of Section 6 of the principal Act
Section 6 in the principal act has been substituted by the amended provision. It bars courts from "[recognizing] 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."[3]
Exception
The amendment, under clause 5 of section 6 provides an exception for partitions created through deeds under the Registration Act, 1908 or court decrees.
Key features & effect
The amendment has tremendously balanced the property rights of male and female siblings. In 2008, the Supreme Court ruled that the law has retrospective effect, and for the daughter to become a co-sharer with her male siblings, the father does not have to be alive on 9 September 2005. The Supreme Court also ruled that the amendment was applicable to all partition suits filed before 2005 and pending when the amendment was framed.[4]
- This amendment is in consonance with the right of equality as enshrined under Article 14, 15, & 21 of the constitution of India.[5]
References
- ^ "Hindu Succession (Amendment) Act, 2005 comes into force from today". www.pib.nic.in. Archived from the original on 24 June 2019. Retrieved 5 July 2018.
- ^ "Section 6 in The Hindu Succession Act, 1956". Archived from the original on 27 November 2018. Retrieved 5 July 2018.
- ^ "Hindu Succession Act, 1956" (PDF). Retrieved 18 December 2023.
- ^ "Daughters Born Before 2005 Have Equal Rights To Ancestral Property: SC". The Economic Times. 28 March 2018. Archived from the original on 21 December 2018. Retrieved 21 December 2018.
- SSRN 2912662.