The Hindu Succession (Amendment) Act, 2005, is an act of the

Parliament of India The Parliament of India (ISO 15919, ISO: ) is the supreme legislative body of the Government of India, Government of the Republic of India. It is a bicameralism, bicameral legislature composed of the Rajya Sabha (Council of States) and the Lok ...

that amended the

Hindu Succession Act, 1956 The Hindu Succession Act, 1956 is an Act of the Parliament of India enacted to amend, codify and secularize the law relating to intestate or unwilled succession, among Hindus, Buddhists, Jains, and Sikhs. The Act lays down a uniform and compr ...

. It received the assent of the

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on 5 September 2005 and came into force on 9 September 2005. 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

Amendment to section 4 of the principal Act

In section 4 of the Hindu Succession Act, 1956, sub-section (2) has been omitted.

Amendment to Section 6 of the principal Act

Section 6 of the principal act has been substituted with the amended provision. It bars courts from " ecognizingany 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 Hindu law, as a historical term, refers to the code of laws applied to Hindus, Buddhists, Jains and Sikhs in British India. Hindu law, in modern scholarship, also refers to the legal theory, jurisprudence and philosophical reflections on the na ...

Exception

The amendment, under clause 5 of section 6, provides an exception for partitions created through deeds under the

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or court decrees.

Key features

The amendment has significantly balanced the property rights of male and female siblings. In 2008,

the Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...

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. The amendment is in consonance with the right of equality as enshrined under Article 14, 15, and 21 of the Constitution of India.

References

{{Reflist Acts of the Parliament of India 2005 Indian family law Women's rights in India Women's rights legislation 2005 in women's history