>Ashleyyoursmile: Reverted edits by 103.74.199.160 (talk) to last version by AgentRessler

2021-02-01T13:20:30Z

Reverted edits by 103.74.199.160 (talk) to last version by AgentRessler

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{{Use dmy dates|date=November 2018}}
{{Use Indian English|date=November 2018}}

{{Infobox legislation
| short_title = The Hindu Succession (Amendment) Act, 2005
| imagesize =
| imagealt =
| long_title = An Act to further amend the Hindu Succession Act, 1956
| citation = [https://pib.nic.in/newsite/erelcontent.aspx?relid=11899 Act No. 39 of 2005]
| enacted_by = [[Parliament of India]]
| date_assented = 5 September 2005
| date_commenced = 9 September 2005
| ozguv66xybyvggdbf = [[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.<ref name="pib">{{cite web |title=Hindu Succession (Amendment) Act, 2005 comes into force from today |url=http://pib.nic.in/newsite/erelcontent.aspx?relid=11899 |website=www.pib.nic.in |access-date=5 July 2018}}</ref> It was essentially meant for removing gender discriminatory 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.<ref name="indiankanoon">{{cite web |title=Section 6 in The Hindu Succession Act, 1956 |url=https://indiankanoon.org/doc/1883337/ |access-date=5 July 2018}}</ref>
=== Amendment of Section 6 of the principal Act ===
Section 6 in the principal act has been substituted by the amended provision. The amended provision under sec.6 of the principal act in essence defines as follows:-ment of the Hindu Succession (Amendment) Act, 2005, the pious obligation of a son, grandson or great-grandson for the recovery of any debt due from his father, grandfather or great-grandfather under the Hindu law, came to an end

=== Exception ===
The amendment , under clause 5 of section 6 provides an exception as follows:

5) Nothing contained in this section shall apply to a partition, which has been effected before the 20th day of December, 2004.

Explanation.- For the purposes of this section "partition" means any partition made by execution of a deed of partition duly registered under the [[Registration Act, 1908]] or partition effected by a decree of a court

== 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 would have had 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.<ref name="economictimes">{{cite news |title=Daughters Born Before 2005 Have Equal Rights To Ancestral Property: SC|url=https://economictimes.indiatimes.com/familybusinessforum/insights/daughters-born-before-2005-have-equal-rights-to-ancestral-property-sc/articleshow/63516453.cms |newspaper=The Economic Times | date=28 March 2018 | access-date=21 December 2018}}</ref>

* This amendment is in consonance with the right of equality as enshrined under Article 14, 15, & 21 of the constitution of India.<ref name="ssrn">{{cite document |title=Effect of the Hindu Succession (Amendment) Act 2005 |ssrn=2912662 }}</ref>

==References==
{{Reflist}}

{{Indian legislations}}

[[Category:Acts of the Parliament of India]]
[[Category:Indian family law]]
[[Category:Women's rights in India]]
[[Category:Women's rights legislation]]

Hindu Succession (Amendment) Act, 2005 - Revision history

>Ashleyyoursmile: Reverted edits by 103.74.199.160 (talk) to last version by AgentRessler