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THE HINDU SUCCESSION (AMENDMENT) ACT, 2005

THE HINDU SUCCESSION (AMENDMENT) ACT, 2005
Year : 1962

Act :THE HINDU SUCCESSION (AMENDMENT) ACT, 2005.

NO. 39 OF 2005.
An Act further to amend the Hindu Succession Act, 1956.BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:-

1.Short title and commencement.

1. Short title and commencement.-(1) This Act may be called the Hindu Succession (Amendment) Act, 2005.(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2.Amendment of section 4.

2. Amendment of section 4.-In section 4 of the Hindu Succession Act, 1956 (30 of 1956) (hereinafter referred to as the principal Act), sub-section (2) shall be omitted.

3.Substitution of new section for section 6.

3. Substitution of new section for section 6.-For section 6 of the principal Act, the following section shall be substituted, namely:-

6. Devolution of interest in coparcenary property.-(1) On and from the commencement of the Hindu Succession (Amendment) Act, 2005, in a Joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall,-

(a) by birth become a coparcener in her own right in the same manner as the son;

(b) have the same rights in the coparcenary property as she would have had if she had been a son;

(c) be subject to the same liabilities in respect of the said coparcenary property as that of a son,

and any reference to a Hindu Mitakshara coparcener shall be deemed to include a reference to a daughter of a coparcener:

Provided that nothing contained in this sub-section shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before the 20th day of December, 2004.(2) Any property to which a female Hindu becomes entitled by virtue of sub-section (1) shall be held by her with the incidents of coparcenary ownership and shall be regarded, notwithstanding anything contained in this Act, or any other law for the time being in force, as property capable of being disposed of by her by testamentary disposition.

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(3) Where a Hindu dies after the commencement of the Hindu Succession (Amendment) Act, 2005, his interest in the property of a Joint Hindu family governed by the Mitakshara law, shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship, and the coparcenary property shall be deemed to have been divided as if a partition had taken place and,-

(a) the daughter is allotted the same share as is allotted to a son;

(b) the share of the pre-deceased son or a pre-deceased daughter, as they would have got had they been alive at the time of partition, shall be allotted to the surviving child of such pre-deceased son or of such pre-deceased daughter; and

(c) the share of the pre-deceased child of a pre-deceased son or of a pre-deceased daughter, as such child would have got had he or she been alive at the time of the partition, shall be allotted to the child of such pre-deceased child of the pre-deceased son or a pre-deceased daughter, as the case may be.

Explanation.- For the purposes of this sub-section, the interest of a Hindu Mitakshara coparcener shall be deemed to be the share in the property that would have been allotted to him if a partition of the property had taken place immediately before his death, irrespective of whether he was entitled to claim partition or not.

(4) After the commencement of the Hindu Succession (Amendment) Act, 2005, no court shall recognise 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:
Provided that in the case of any debt contracted before the commencement of the Hindu Succession (Amendment) Act, 2005, nothing contained in this sub-section shall affect-

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(a) the right of any creditor to proceed against the son, grandson or great-grandson, as the case may be; or

(b) any alienation made in respect of or in satisfaction of, any such debt, and any such right or alienation shall be enforceable under the rule of pious obligation in the same manner and to the same extent as it would have been enforceable as if the Hindu Succession (Amendment) Act, 2005 had not been enacted.

Explanation.-For the purposes of clause (a), the expression “son”, “grandson” or “great-grandson” shall be deemed to refer to the son, grandson or great-grandson, as the case may be, who was born or adopted prior to the commencement of the Hindu Succession (Amendment) Act, 2005.(5) Nothing contained in this section shall apply to a partition, which has been effected before the 20th day of December, 2004.Explanation.- For the purposes of this section “partition” means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court..

4.Omission of section 23.

4. Omission of section 23.-Section 23 of the principal Act shall be omitted.

5.Omission of section 24.

5. Omission of section 24.-Section 24 of the principal Act shall be omitted.

6.Amendment of section 30.

6. Amendment of section 30.-In section 30 of the principal Act, for the words “disposed of by him”, the words “disposed of by him or by her” shall be substituted.

7.Amendment of Schedule.

7. Amendment of Schedule.-In the Schedule to the principal Act, under the sub-heading “Class 1”, after the words “widow of a pre-deceased son of a pre-deceased son”, the words “son of a pre-deceased daughter of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased daughter; daughter of a pre-deceased son of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased son” shall be added.

17 thoughts on “THE HINDU SUCCESSION (AMENDMENT) ACT, 2005

  1. can you tell me that if the daughters who have been married before 2000 and no any daughter is now dependent on paternal side is entitled to get any share in ancestral property when the father has not made any will and died and the mother is alive.what is the role of mother.

    // It shared amoung all Children and Mother Or Mother can get signaure all daughters and make it in her name Only. and she can leave will, those who looking after her, Property will goes to them.

  2. The Appellant Submits that the reasoning given by the court below is against the settled principle of law. The court below failed to appreciate the provisio of sec-6 of Hindu Sucession Amended Act-2005, which entitiles the female child born in the joint family of equal share as that of a male child and is considered to be Coparcerncer, which is applicable to the female child born after the commencemnt of the act. therefore the reasoning of the court belwo for confirmation of the share of the plaintiff who is born prior to the commencement of the act is uncalled, for hence the impungend judgment requires to be set aside in entirely. [That the share will go to daughter or not]

  3. Hi,let me know about the married daughters who have been married after 2000.Daughters have step mother and step brother also.Are they equally heirs of father’s agricultral land.

    //What type of Land ancestor or later purchased ? — eDitor

  4. My father had a property by his own earning and made a document on behalf of my younger brother putting my Mother as a guardian who should handover the property after he attained major. However due to my brother’s irritating behaviour with my father and with my mother; he has taken power of attorney (which was registered) from my mother as well as from my younger brother. After few years he has expired without making any will. Now please state whether this property will be shared with his legal heirs or the whole property will belong to my younger brother only.

  5. I understand vide erstwhile section 23 of HSA 1986 now recinded per HSA 2005, a married woman married & well settled but not Divorsed or seperated is not entitled to claim her rights on the Parents property when parted.

    I futher understand that section 29A amplifies the married woman’s rights subject to various provisos.

    Pl amplify the interpretation.

    Chandini

    // PLEASE POST IT HERE http://forum.mynation.net — eDitor

  6. relations added in the amended class- 1 are very much confusing with the class-11 of the Schedule of the Act.

  7. Hello editor,

    I have a question on the division of property among Hindu family consisting of 2 sons & 3 daughters – all of who were married in pre-80’s. Grandfather who had ancestoral land died in 1994 without leaving a will.
    How will the division of property take place among brothers & sisters.

    Thanks
    Sue

  8. Hi,
    My grandfather has following properties:
    A. 2 acres of plot at residential area.
    B. house on 1000 sq yard of land
    C. 3 acres of agriculture land

    He has 2 sons and 4 daughters. All of them got married before 1981.
    My dad n grandfather demised in 1998.
    My grandmother also demised in 1999.
    I am the son of my grandfather’s eldest son. I have mom, elder brother n sister.

    Q1. Although each Aunt got 1 plot from my grandparents, in 1999 my 4 aunts and uncle sold 2 acres from PropertyC without our consent. Can we get it back?

    Q2. In May 2011, without my or my siblings knowledge, PropertyA was divided n registered between my uncle n my mother. Neither me nor my siblings were present at the time of registration. Duplicate xerox signature of mine n my brother were put on form 32A where photo of my mom n uncle along with thumb impressions is present. Latter on my uncle cheated on my mother by having her to sell the property to third person at dead cheap rate. Again, our signature are xerox. What should we do to get it back?

    Q3. Can my aunt claim on the above property?

    Please i need your suggestion.
    Regards
    Vinay
    PS: In 2007, PropertyB was partitioned equally between my uncle n my family.

    //
    each aunts got plot from which property ? that they have right to sell. if that C then you will not get it back.
    if your GP not left any will about above properties then it will be divided equal among his children, or grand children

    for more details please post it here http://advice.mynation.net

  9. can a married daughter,who married in the year 1983 living andhra pradesh can claim share in the ancestor property held by her father as pattedhar.

  10. Dear sir,
    My mother was demised on 16th nov.2004 and my father was demised on 14 aug 1988(.) My mother has left after death two properties (owned named houses)and without any will(registered and unregistered)(.)she has four child three sons(all settled and married before commencement of HSA2005 i.e. before 20th december 2005) and one daughter (.)I am the third child and my sister is youngest and married in 1985 and now she is canadian citizen since 2006(.) whether my sister is liable for their share as per hindu succession act2005 or not because she has claimed her share thru suit filed in lower court

  11. hindu succession nowhere says about nationality than kinship/blood relationship, so it will be shared between all children equally.

  12. do the daughters married before the commencement of hindu succession act 2005, get share in fathers property?

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