Code: Section 6 – Hindu Succession Act
(1) The Hindu Succession (Amendment) Act, 2005 (39 of 2005) brought significant changes to the rights of daughters in a Joint Hindu family governed by the Mitakshara law. Now, daughters:
- (a) Become coparceners by birth, just like sons.
- (b) Hold equal rights to coparcenary property.
- (c) Face the same liabilities regarding the coparcenary property.
Provided: The new provisions do not affect any dispositions, partitions, or testamentary dispositions made before 20th December 2004.
(2) Any property a female Hindu inherits under sub-section (1) will be treated as coparcenary property. She can dispose of it through a will or any other testamentary disposition.
(3) If a Hindu dies after the commencement of the 2005 amendment, his interest in the coparcenary property will pass by testamentary or intestate succession. The property will be divided as though a partition has taken place, and:
- (a) The daughter will receive the same share as a son.
- (b) The share of a pre-deceased son or daughter will be allotted to their surviving children.
- (c) Similarly, the share of a pre-deceased child of a pre-deceased son or daughter will go to their children.
Explanation: The interest of a Hindu Mitakshara coparcener is the share in the property that would have been allotted to them if a partition had taken place immediately before their death.
(4) After the Hindu Succession (Amendment) Act, 2005, no court will recognize the pious obligation of a son, grandson, or great-grandson to pay debts due from his father, grandfather, or great-grandfather. However, debts contracted before the amendment remain enforceable.
(5) The provisions of this section do not apply to partitions made before 20th December 2004.
State Amendments: Karnataka
Karnataka Amendments (Sections 6A, 6B, 6C)
Section 6A: Equal Rights to Daughter in Coparcenary Property
- A daughter in a Joint Hindu Family governed by Mitakshara law is now a coparcener by birth, enjoying equal rights, including the right to claim by survivorship and participate in partition.
- At partition, the daughter will receive the same share as a son.
Section 6B: Interest to Devolve by Survivorship on Death
- If a female Hindu dies with an interest in a Mitakshara coparcenary property, her interest devolves by survivorship unless she leaves children or grandchildren, in which case the property will be dealt with under testamentary or intestate succession.
Section 6C: Preferential Right to Acquire Property in Certain Cases
- If an interest in property devolves under Sections 6A or 6B, the other heirs have a preferential right to acquire the interest being transferred.
Explanation of Section 6 BNSS
Section 6 of the Hindu Succession Act was significantly amended in 2005 to grant daughters equal rights in coparcenary property. This landmark change ensured gender equality by allowing daughters to inherit and claim rights just like sons in a Joint Hindu Family governed by Mitakshara law.
Illustration
Example 1: Equal Rights of Daughters
A Joint Hindu family consists of a father, two sons, and a daughter. Under the Hindu Succession (Amendment) Act, 2005, the daughter now has the right to claim her share in the family property, just like her brothers.
Example 2: Impact of Death on Coparcenary
When a Hindu male coparcener passes away after the Hindu Succession (Amendment) Act, 2005, the property is treated as divided. The daughter is allotted an equal share, just like her brothers.
Common Questions and Answers
1. What are the key changes made by the Hindu Succession (Amendment) Act, 2005?
- The amendment ensures that daughters become coparceners by birth, with equal rights and liabilities as sons in relation to coparcenary property.
2. Does the amendment apply to property inherited before 2005?
- No, the changes do not apply to dispositions or partitions made before 20th December 2004.
3. How does a partition work after the 2005 amendment?
- After the amendment, daughters will receive the same share as sons in the partition. The share of any pre-deceased son or daughter will go to their surviving children.
Conclusion
The 2005 amendment to the Hindu Succession Act marks a significant milestone in ensuring gender equality in inheritance laws. Daughters, now treated as equal coparceners, have the same rights and liabilities as sons in the inheritance of coparcenary property.
