william
in Family Law
Asked March 18, 2014

Changes in Survivorship in Hindu Law

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What were the changes introduced to rule of survivorship by hindu succession acts of 1956 and 2005.

Answer 1

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Asmita Rakhecha

The changes brought about in the rule of survivorship in the Hindu Succession (Amendment) Act of 2005, were mostly to ensure elimination of gender discrimination and inequality present in the laws contained in the Hindu Succession Act, 1956. The Law of 1956 was applicable to Hindus in general and included both Mitaksharas and Dayabaghas. These were the first laws regarding Succession and Inheritance of Property which was enacted in India. As per Section 6 of this Act the daughters of the family had no right to inherit the ancestral property. Thus if a joint family was to be divided, the sons would get an equal share in the property, leaving the daughters with nothing. These laws were extremely gender biased and were opposed to the basic rights awarded by the constitution such as the right to equality and prevention of discrimination. Thus these laws were amended in 2005 to introduce the Hindu Succession (Amendment) Act. As per this Act, Section 6 was amended to include women to have an equal right in the ancestral property. Further, women were giving coparcenary right in the property, which meant that women could now enjoy a right in the joint property as a birth right. Thus the 2005 Amendment has tried to make the laws of Hindu Succession, women friendly and more gender neutral.

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