Important Legal Tip to Daughters of Hindu Undivided Family
Hindu Succession Act(30 of 1956)-Section 6-The Amendment Act 2005
Whenever they may have born – They can claim for partition of the property which has not been partitioned earlier. [But if the same was in effect earlier i.e. prior to 20th December 2004 the same should not be reopened]
The aim of the Amendment is to end gender discrimination in Mitakshara coparcenary by including daughters in the system. Mitakshara is one of the two schools of Hindu Law but it prevails in a large part of the country. Under this, a son, son’s son, great grandson and great great grandson have a right by birth to ancestral property or properties in the hands of the father and their interest is equal to that of the father. The group having this right is termed a coparcenary. The coparcenary was earlier confined to
male members of the joint family.
Despite the Hindu Succession Act being passed in 1956, which gave women the inheritance rights with men, the mitakshara coparcenary system was retained and the government refused to abolish the system of joint family. According to this system, in the case of a joint family, the daughter gets a smaller share than the son . While dividing the father’sproperty between the mother, brother and sister, the share is equal.
The (Amendment) Act 2005 was enacted to remove the discrimination as contained in S.6 of the Hindu Succession Act, 1956 by giving equal rights and liabilities to the daughters in the Hindu Mithakshara coparcernary property as the sons have.
The said Act has come into force with effect from 9/9/2005 and the statutory provisions are not expressly made retrospective by the legislature. The Act is prospective. It creates substantive right in favour of the daughter. The daughter got a right of coparcenary from the date when the amended Act has come into force i.e.9/9/2005. [AIR 2008 Orissa 133]
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