📘 Hindu Succession (Amendment) Act, 2005 – Daughters’ Rights Explained

Preparation for RJS, DJS, PCS (J) and other Judicial Service examinations

📚 Introduction

The Hindu Succession (Amendment) Act, 2005 brought a fundamental change in Hindu personal law by conferring equal rights upon daughters in coparcenary property.
The amendment removed the long-standing discrimination between sons and daughters under Mitakshara Hindu law and marked a significant step towards gender equality in matters of succession and inheritance.

This post explains the legal position before and after the 2005 amendment, the scope of Section 6 of the Hindu Succession Act, and how courts have interpreted daughters’ rights in ancestral property.

⚖️ Position Before the 2005 Amendment

Prior to the 2005 amendment, Section 6 of the Hindu Succession Act, 1956 recognised only male members of a Mitakshara Hindu joint family as coparceners.
Daughters were excluded from coparcenary rights by birth and were only entitled to a limited share in the property of their father after his death, and that too subject to several restrictions.

As a result, daughters could neither demand partition nor claim survivorship rights in ancestral property during the lifetime of the father.

📝 Hindu Succession (Amendment) Act, 2005 – What Changed?

The Hindu Succession (Amendment) Act, 2005 substituted Section 6 of the Act and brought daughters on par with sons in respect of coparcenary property.
The amendment expressly provides that a daughter of a coparcener shall, by birth, become a coparcener in her own right.

• ✔️ Daughter becomes a coparcener by birth
• ✔️ Same rights and liabilities as a son
• ✔️ Right to demand partition
• ✔️ Right to dispose of her share by testamentary succession

👨‍👩‍👧 Meaning of Coparcenary and “By Birth”

A coparcenary is a narrower body within a Hindu joint family consisting of persons who acquire an interest in ancestral property by birth.
After the 2005 amendment, daughters are treated as coparceners in the same manner as sons, acquiring rights in the property from the moment of birth.

This change ensures that the daughter’s right does not depend on the death of the father but flows directly from her status as a coparcener.

🏠 Ancestral Property and Daughters’ Rights

The amended Section 6 applies specifically to coparcenary (ancestral) property governed by Mitakshara law.
In such property, daughters are entitled to an equal share and can seek partition in the same manner as sons.

However, the application of the amendment depends on factors such as the nature of the property, existence of prior partitions, and judicial interpretation by the Supreme Court.

📜 Supreme Court Interpretation of the 2005 Amendment

The Supreme Court has played a crucial role in settling controversies surrounding the retrospective or prospective application of the 2005 amendment.
Through a series of judgments, the Court has clarified the scope of daughters’ coparcenary rights and resolved conflicting interpretations.

The law is now settled that the right of the daughter as a coparcener is by birth and is not dependent upon whether the father was alive on the date of the amendment.

📌 Importance for Judicial Service Examinations

Questions relating to daughters’ rights under the Hindu Succession Act, especially after the 2005 amendment, are frequently asked in RJS, DJS and PCS (J) examinations.
A clear understanding of Section 6, coparcenary rights, and leading Supreme Court judgments is essential for both prelims and mains.

🔗 Related Detailed Reads

• 
  👉 Can a Daughter Claim Father’s Property After Marriage?
  
• 
  👉 Difference Between Ancestral and Self-Acquired Property Under Hindu Law
  
• 
  👉 Supreme Court Judgments on Hindu Succession Act, 2005
  

(Internal links to detailed explanatory posts for deeper understanding)

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