User:Venkateshsharma7/Hindu succession amendment act of 2005

Hindu Succession Amendment Act OF 2005

THE Hindu Succession (Amendment) Act, 2005 is a landmark. After 50 years, the Government finally addressed some persisting gender inequalities in the 1956 Hindu Succession Act (1956 HSA), which itself was path-breaking. The 2005 Act covers inequalities on several fronts: agricultural land; Mitakshara joint family property; parental dwelling house; and certain widow's rights (see box). Some anomalies persist, but first, consider the achievements.

Hindu succession amendment act of 2005 is a new law,sons,dauhters and their mothers can get an equal share in the family.Through this act government protects domestic violence.

The Hindu Succession (Amendment) Act, 2005 (39 of 2005) comes into force from 9th September, 2005. The Government of India has issued notification to this effect. The Hindu Succession (Amendment) Act is to remove gender discriminatory provisions in the Hindu Succession Act, 1956 and gives the following rights to daughters under Section 6: •The daughter of a coparcener cell by birth become a coparcener in her own right in the same manner as the son;

•The daughter has the same rights in the coparcenary property as she would have had if she had been a son;

•The daughter shall be subject to the same liability in the said coparcenary property as that of a son; and any reference to a Hindu Mitakshara coparceners shall be deemed to include a reference to a daughter of a coparcener;

•The daughter is allotted the same share as is allotted to a son;

•The share of the pre-deceased son or a pre-deceased daughter shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter;

•The share of the pre-deceased child of a pre-deceased son or of a pre-deceased daughter shall be allotted to the child of such pre-deceased child of the pre-deceased son or a pre-deceased daughter. After the commencement of the Hindu Succession (Amendment) Act, 2005, no court shall recognize any 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, of such son, grandson or great-grandson to discharge any such debt.

Class II heirs are categorized as follows and are given the property of the deceased in the following order:

Father Son's daughter's son son's daughter's daughter brother sister Daughter's son's son, daughter's son's daughter, daughter's daughter's son, daughter's daughter's daughter. Brother's son, sister's son, brother's daughter, sister's daughter. Father's father; father's mother. Father's widow; brother's widow. Father's brother; father's sister. Mother's father; mother's mother Mother's brother; mother's sister