Hindu Succession (Amendment) Act, 2005
| The Hindu Succession (Amendment) Act, 2005 | |
|---|---|
| Parliament of India | |
| |
| 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, is an act of the Parliament of India that amended the Hindu Succession Act, 1956. It received the assent of the President of India on 5 September 2005 and came into force on 9 September 2005.[1] The amendment was primarily aimed at eliminating gender-discriminatory provisions relating to property rights under the Hindu Succession Act, 1956. It marked a revolutionary step in Indian legislation concerning women's rights.
Key amendments
[edit]Amendment to section 4 of the principal Act
[edit]In section 4 of the Hindu Succession Act, 1956, sub-section (2) has been omitted.[2]
Amendment to Section 6 of the principal Act
[edit]Section 6 of the principal act has been substituted with 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
[edit]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
[edit]The amendment has significantly balanced the property rights of male and female siblings. In 2008, the Supreme Court ruled that the law has retrospective effect, and for a daughter to become a co-sharer with her male siblings, it is not required for the father to be alive on 9 September 2005. The Supreme Court also ruled that the amendment applies to all partition suits filed before 2005 and pending at the time the amendment was enacted.[4] The amendment is in consonance with the right of equality as enshrined under Article 14, 15, and 21 of the Constitution of India.[5]
References
[edit]- ^ "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.
- ^ Kharat, Shital (6 February 2017). "Effect of the Hindu Succession (Amendment) Act 2005". SSRN 2912662.