In the hindu succession act, 1956 central act xxx of 1956 after section 6, the following sections shall be inserted, namely. The hindu succession act of 1956, which governed the laws relating to property rights of hindu women, was hailed to have. 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 act, 1956 addeddate 20150724 04. The hindu succession amendment act, 2005 is a landmark.
Hindu succession amendment act, 2005 39 of 2005, in a joint hindu family governed by the. Topics the hindu succession act, 1956 collection opensource language english. Insertion of new sections in central act xxx of 1956. The hindu succession maharashtra amendment act, 1994. 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. An act further to amend the hindu succession act, 1956. Both nehru and gandhi who lead the freedom struggle from the forefront realised that the economic disadvantage of women was at the root indescribable. Bill further to amend the hindu succession act, 1956. How did the 1956 hindu succession act and the subsequent. My grandfather died in the year 1993 without leaving a will. In section 4 of the hindu succession act, 1956 30 of 1956.
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. Changes brought in the position of women specifically in. This act was passed to address the inequalities in succession to agricultural land, mitakshara joint family property, parental dwelling house and certain widows rights. 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 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 present debate about removing discrimination against women to a large extent remains confined to the experts. The hindu succession act, 1956 has amended and codified the law relating to intestate succession among hindus. Section 6 as substituted by the hindu succession amendment act, 2005. Hindu succession act, 1956 was amended in 2005 which says daughter has equal right in the fathers property after marriage.
The necessity in analyzing both the laws is to contextualize the issue of property rights of hindu women in india. Analysis of judgements on hindu succession act 1956 right from 1956 to 2016 i. The hindu succession amendment bill 2004, passed unanimously by the lok sabha, comes after a long gap. The hindu succession amendment act, 2005 wikipedia. Whether amendments made to the hindu succession act are. It was a revolutionary step in the field of indian legislation regarding rights of women in india. 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. 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.
Be it enacted by parliament in the fiftysixth year of the republic of india as. 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 follows. Be it enacted by parliament in the seventh year of the republic of india as follows. My grand parents are survived by 1one son my father and he is the youngest among all siblings and 2 3 daughters my aunts. The hindu succession act 1956 with the hindu amendment act. Section 6 of hindu succession act 1956 before 2005 amendment was as under. Chapter i preliminary l i this act may be called the hindu succession act, 1956. Shana alexander a significant break was from the stagnation that had entered the hindu society several 100 years previously. The hindu succession amendment act, 2005, essentially overhauled the system of succession in hindu families, both mitraksha and dayabhaga. 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. The hindu succession amendment act, 2005 a misnomer.
After 50 years, the government finally addressed some persisting gender inequalities in the 1956 hindu succession act 1956 hsa, which itself was pathbreaking. Proposal to amend the hindu succession act, 1956 as amended by. Chapter 1 preliminary 1 short title and extent 2 application of act. General rule of succession in the case of female hindus. The hindu succession act is one in the series of enactments purporting to change the. 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 statement of objects and reasons of the amendment act 39 of 2005 read as follows. 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 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. 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. It amended section 4, section 6, section 23, section 24 and section 30 of the hindu succession act, 1956.
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. Short summary of the hindu succession amendment act, 2005. The act lays down a uniform and comprehensive system of inheritance and succession into one act. The hindu womans limited estate is abolished by the act. Be it enacted by parliament in the sixtysixth year of the republic of india as follows. Before the hindu succession act, 1956, shastric and traditional laws. After section 6 the following sections shall be inserted, namely6a. The hindu succession amendment act, 2005,2 amended section 4. The hindu succession amendment act, 2005 a misnomer though. It was essentially meant for removing gender discriminatory provisions regarding property rights in the hindu succession act, 1956. Though the act is hindu succession amendment act, there is nothing new qua daughters rights of succession. This act may be called the hindu succession act, 1956. 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.
This disparity was removed by an amendment that came into force on september 9, 2005. The hindu succession act, 1956, originally didnt give daughters equal rights to ancestral property. One of the most significant amendments in the 2002 amendment act is deleting the gender discriminatory section 42 of. Even daughter has become coparcener after amendment of hindu succession act, 1956, but marriage of daughter still an obligation of the. Interest of hindu women in coparcenary property under. Government of india law commission of india proposal to. An overview by subhan bande, advocate, kadapa cuddapah.
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. It revised rules on coparcenary property, giving daughters of the deceased equal rights with sons, and subjecting them to the same liabilities and disabilities. 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. Hindu succession act,1956 bare act with pdf download. Hindu succession act 1956 hindu succession act, 1956 30 of 1956, dt. 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. As discussed above, the hindu succession act, 1956, was amended in 2005 by the hindu succession amendment. 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. Pdf transformation of womens rights under section 6 of the. We have ancestral property which is being passed on from generations to us.
Why supreme courts recent verdict on womens inheritance. 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. General rules of succession in the case of female hindus. 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 wealthymatters. Hindu succession act 1956 is enacted with an object of codifying hindu law. The indian property law specifies married daughters property right. Short title and extent 1 this act may be called the hindu succession act. Hindu, succession, india, 1956 collection opensource language english.
Hindu succession act of 1956 and 2005 legal advice. 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. It was long felt need to bring about economic emancipation of women in order to ensure genuine equality. Power of state government to exempt any race, sect or tribe in the.
1439 362 1312 788 1236 592 468 35 1163 187 968 1321 1411 584 270 1255 594 465 687 1507 1508 596 1028 1325 453 461 357 1221 1429 1099 297 590 873 503 252 1542 207 647 1375 1312 574 855 480 1465 1 1016 510 827