• Sign In/Sign Up
  • Menu
  • +Clients Back

    • Get Free Legal Answers
    • Get Fee Estimates
    • Find Lawyers
  • +Lawyers

    • Case Diary & Office Manager
    • Post News & Artilces
    • Post Jobs & Internships
  • +Law Students

    • Campus Ambassadors
    • Find Jobs & Internships
    • Post News & Articles
    • Resource Sharing
  • +Law Schools

    • Post Admissions
    • Post Opportunities
    • Get Law School Rating

  • Home
  • News/Articles
  • Amendment in Section 6 of Hindu Succession Act, 1956 : Cauldron of confusion

Latest News

Back

Amendment in Section 6 of Hindu Succession Act, 1956 : Cauldron of confusion

Courtesy/By: Tejaswini sinha  |  24 Oct 2019     Views:3229

The amendment of 2005 to Hindu Succession Act is a cauldron of confusions and inconsistencies. There are several reasons or factors such as imperfect language used in the amendment, inconsistent judicial interpretations and also injustice resulting to wife of the coparcenor.

A Background of the Act

Before the enactment of the Hindu Succession Act, 1956, Hindus were covered by shastric and customary law which varied from region to region. Dayabhaga school of law which was pervasive in Bengal and the adjoining areas. Mitakshara school of law was pervasive in the rest of India. Under the Mitakshara School of Hindu Law, woman in a joint Hindu family had merely a right of maintenance/sustenance but had no right of inheritance to property. The basis of Hindu joint family was a common male ancestor and the properties of the family were held as a coparcenary property with male member of the family having a right to the property by virtue of birth and their interest in the coparcenary property would keep varying depending upon the death or a birth of a male in the joint Hindu Family. The property of a male coparcener on his death used to pass by survivorship in the Mitakshara School of Hindu Law. No female was a member of the coparcenary though, she was a member of the joint Hindu family.

The Constitution of India came into force on 26 January 1950. Articles 14, 15(2) & (3) and 16 of the Constitution of India removed discrimination against women and made equal treatment of women as a part of the fundamental rights. To achieve this objective, the Parliament enacted the Hindu Succession Act, 1956. The Principal Act did not provide any rights to the daughters of the partition of the property or any rights to demand partition of the property or even claim a share in the coparcenary property. The only right of the daughter would be to get a share in the father's share in the coparcenary property and the same would arise only on the death of her ancestor -coparcener.

Though the Act says it is enacted to amend and codify the law relating to intestate succession among Hindus and gave rights of testamentary disposition to Hindu males in respect of his properties including his coparcenary share, Section 6 retained substantially the Rule of survivorship. This Section also provided that the right of the male Hindu at the time of his death in the coparcenary property will devolve by survivorship. However, the proviso provided that if the deceased coparcener has any female relatives specified in Class I of the Schedule to the Act, then the property will devolve by succession.

The resultant position was Act 39 of 2005 which came into force on 9 September, 2005 conferring the status of coparcener on the daughter by birth and share in the ancestral property. Married daughter were also included. However, the amendment excluded disposition or alienation including any partition or testamentary disposition of property which had taken place before the 20th day of December, 2004, the date of introduction of the Bill in Rajya Sabha.

Soon after the amendment, the question regarding the prospective or retrospective operation of the amendment came up before few high courts. One set of argument was that in the absence of express provision or implied intention to the contrary, an amendment dealing with a substantive right is prospective and does not affect the vested rights. If a coparcener had died prior to the commencement of the Amendment Act, succession opens on the date of the death as per the prevailing provision of the succession law and the rights of the heirs get crystallised even if partition by metes and bounds does not take place and that the amendment cannot re-open the partition. The counter argument was that the amendment being piece of social legislation to remove discrimination against a women in the light of 174th Report of the Law Commission, the amendment should be read as being retrospective.

The division bench of the Karnataka High Court in the case of Pushpalatha N.V. v. V. Padma, ILR 2010 Kar 1484 took the view that the amendment is retrospective in its operation. The court held that the status of a coparcener is conferred on the daughter on and from the date of the commencement of the Amendment Act and the right is given to her by birth. However the Court said, to be eligible under the amended section, she must have born after 17:6:1956, the day on which the Act came into force. Therefore, the court said by substituted Section 6, the daughter of a coparcener in a Joint Hindu Family governed by Mitakshara Law has been conferred the status of a coparcener by birth and conferred same rights in the coparcener properties as she would have had if she had been a son. Simply put, the Karnataka High Court held that a woman is conferred with coparcener status by birth provided she was born after the Hindu Succession Act 1956 came into force. The Court also held that the woman would get a right in ancestral property "on her own" whether her father is alive in 2005 or not.


Courtesy/By: Tejaswini sinha  |  24 Oct 2019     Views:3229

News Updates

Judging the Judges: India's Three-Year Practice Ru...
15 Jul 2025     Views:548
Alternative Dispute Resolution in Torts: A Modern ...
09 Nov 2024     Views:5102
The Legal Framework of Bail Conditions in India: B...
25 Oct 2024     Views:6274
Changing an Arbitrator Mid-Proceeding: Legal Frame...
23 Oct 2024     Views:5670
IMF Retains India's FY25 GDP Growth Forecast at 7%...
22 Oct 2024     Views:5652
The Evolving Landscape of Russian Anti-Suit Injunc...
22 Oct 2024     Views:5453
Hyundai’s IPO vs Competitors: How the Auto Giant...
15 Oct 2024     Views:5474
The Validity of Arbitration Agreements Post Decree...
14 Oct 2024     Views:5122
SEBI Issues Checklist for AIFs, Their Managers, an...
08 Oct 2024     Views:5486
The Siemens v. Russian Railroads Case...
07 Oct 2024     Views:5475
Empowering Minds in Confinement: Bombay HC’s Lan...
03 Oct 2024     Views:5599
The Dynamics of Novation in Contract Law and Its I...
02 Oct 2024     Views:5781
SEBI Establishes Consistent Evaluation Standards f...
01 Oct 2024     Views:5491
Landmark Decision by Austrian Supreme Court on Arb...
30 Sep 2024     Views:5452
Key Considerations for Indian Commercial Claims...
25 Sep 2024     Views:5405
Boom or Bust: Africa’s Oil Giants Face Declining...
23 Sep 2024     Views:5530
The Growing Role of Arbitration in Intellectual Pr...
23 Sep 2024     Views:5482
Supreme Court Greenlights Sub-Classification of SC...
20 Sep 2024     Views:5817
SEBI's Employee Grievances Prompt Formation of Wor...
19 Sep 2024     Views:5638
Environmental Law in India: Challenges and Opportu...
18 Sep 2024     Views:6491
Navigating the New Legal Landscape of Exclusive Ju...
16 Sep 2024     Views:5600
The Anatomy of Joint Venture Breakups in India (an...
31 Jul 2024     Views:5944
The Integration of ESG in India's M&A Landscape...
31 Jul 2024     Views:5846
Future of AI in Legal Systems and Conflict Resolut...
21 Jul 2024     Views:6030
World Health Assembly Revises International Health...
21 Jul 2024     Views:5881
Pokemon GO Fans Concerned Over Restrictive New Ter...
21 Jul 2024     Views:5993
Landmark Judgment on Setting Aside Arbitration Awa...
21 Jul 2024     Views:5783
Understanding the Process of Issuing Summons in In...
11 Jul 2023     Views:9201
Understanding the Unlawful Activities (Prevention)...
10 Jul 2023     Views:7721
Understanding the Mental Health Act in India: A St...
09 Jul 2023     Views:7759
Combating Manual Scavenging in India: A Call for S...
07 Jul 2023     Views:7544
Impleadment in Supreme Court of India: A Comprehen...
05 Jul 2023     Views:8532
Unraveling the Distinction: Culpable Homicide vs. ...
03 Jul 2023     Views:7857
Understanding the Difference between Money Bills a...
02 Jul 2023     Views:6386
Understanding the Civil Procedure Code in India: A...
01 Jul 2023     Views:7184
The Rights of Criminals in India: Upholding Justic...
30 Jun 2023     Views:6435
Exploring the Differences between the US and India...
29 Jun 2023     Views:6442
What to Do If the Police Refuse to Register Your F...
26 Jun 2023     Views:6700
Timeline of Environmental Protocols: A Global Effo...
25 Jun 2023     Views:6385
How to Deal with Cheque Bounce Cases in India...
24 Jun 2023     Views:6369
Pursuing a Lucrative Litigation Career in Indian L...
22 Jun 2023     Views:6414
Understanding the Emergency Provisions of India: S...
21 Jun 2023     Views:6390
Environment Legislation in India: A Comprehensive ...
20 Jun 2023     Views:6740
Understanding the Emergency Powers of the Constitu...
18 Jun 2023     Views:6228
Understanding the Emergency Powers of the Constitu...
17 Jun 2023     Views:6266
Timeline of Same-Sex Laws in India: A Journey Towa...
16 Jun 2023     Views:6714
Sir Creek Dispute and Legal Implications...
15 Jun 2023     Views:6918
Jurisprudence of NDPS Laws in India: A Comprehensi...
14 Jun 2023     Views:6493
Impleadment Proceedings: A Comprehensive Guide to ...
13 Jun 2023     Views:6926
Understanding Continuing Mandamus: A Powerful Judi...
12 Jun 2023     Views:8940
Res Judicata: The Doctrine of Finality in Legal Pr...
10 Jun 2023     Views:6918
Mastering the Art of Legal Drafting: A Comprehensi...
08 Jun 2023     Views:6579
Order 1 Rule 10 of the Code of Civil Procedure (CP...
07 Jun 2023     Views:12262
Understanding the Laws of War: Protecting Humanity...
03 Jun 2023     Views:6293
Understanding the Code of Criminal Procedure (CRPC...
02 Jun 2023     Views:7161
The National Drug and Psychotropic Substances (NDP...
01 Jun 2023     Views:6730
A Step-by-Step Guide: How to File an FIR in India...
31 May 2023     Views:6442
Zero FIR: An Effective Tool for Prompt Criminal Ju...
30 May 2023     Views:6672
Unveiling the Dissent of Judges in Judicial Judgme...
28 May 2023     Views:6303
Environmental Laws in India: Safeguarding Nature f...
25 May 2023     Views:6759
The Recusal of Supreme Court of India Judges from ...
24 May 2023     Views:6422
Understanding the Jurisdiction of the Supreme Cour...
23 May 2023     Views:6864
Article 142 of the Constitution of India: A Compre...
22 May 2023     Views:7095
Landmark Judgments in Arbitration Law in India: A...
21 May 2023     Views:7326
Landmark Cases on Anticipatory Bail in India: A Pa...
20 May 2023     Views:11210
Embracing the Future: How AI is Revolutionizing th...
18 May 2023     Views:6514
Understanding Narcotics Laws in India: A Comprehen...
17 May 2023     Views:6391
Understanding Indian Laws on Cross-Border Transact...
16 May 2023     Views:7534
ADR mechanism of legal adjudication in India...
15 May 2023     Views:6233
Validity of foreign arbitral award in India throug...
14 May 2023     Views:6242
Scope of Section 151 CPC...
13 May 2023     Views:7835
Detailed Overview on Section 482 of Crpc...
11 May 2023     Views:6773
Scope of Decree under CPC...
10 May 2023     Views:6317
Legal development of Arbitration Laws in India....
09 May 2023     Views:6363
Arbitration Laws in India...
07 May 2023     Views:6314
Impact of COVID-19 on Legal Industry...
06 May 2023     Views:8413
Chargesheet not having authority's valid sanction ...
02 May 2023     Views:6600
Same-Sex Marriage in India...
30 Apr 2023     Views:6234
National Commission for Women...
27 Apr 2023     Views:6085
Law making process of India....
26 Apr 2023     Views:7178
Bail Provisions in India...
25 Apr 2023     Views:6109
Life imprisonment in Criminal Law in India...
24 Apr 2023     Views:6539
Contempt of Court...
23 Apr 2023     Views:6366
The collegium system of Judiciary in India....
22 Apr 2023     Views:6046
Remarriage before Expiry of Limitation Period to f...
21 Apr 2023     Views:6037
Need for strict measure of NDPS laws in India....
20 Apr 2023     Views:6207
Nature of Offence under Section 138 of NI Act is Q...
19 Apr 2023     Views:8653
Order VII Rule 11 CPC: Plaint cannot be rejected m...
18 Apr 2023     Views:7252
Mediation: At the Dawn of Golden Age organized at ...
16 Apr 2023     Views:6318
Central Government's motto should be mediate, not ...
15 Apr 2023     Views:6034
Ambedkar Jayanti Celebrations...
14 Apr 2023     Views:6253
Supreme Court of India calls for Preventive Measur...
12 Apr 2023     Views:5804
Pursuing LL.M is not break in Law Practice, Rules ...
11 Apr 2023     Views:6034
Law should take into consideration realities of co...
10 Apr 2023     Views:5860
Delhi High Court said that peeping into public bat...
08 Apr 2023     Views:6470
Delhi High Court denies bails to AAP's Satyendra J...
06 Apr 2023     Views:6590
Supreme Court’s Triple Talaq Judgement Would App...
30 Jan 2023     Views:6310
Article 311(1) | An Order of Removal From Service ...
26 Jan 2023     Views:6784
Leaders shouldn't disrespect the President or Pri...
17 Jan 2023     Views:6090
New bench will hear Ashwini Upadhyay's Supreme Cou...
15 Jan 2023     Views:6236
FIND A LAWYER




FIND A LAW SCHOOL



Most Read News Articles

  • Sabrimala Verdict (28 sept 2018) - A End of Taboo.
    On 07 Oct 2020    Views:96549
  • Case Analysis: Vellore Citizens Welfare Forum vs Union of India
    On 11 Dec 2020    Views:74140
  • Case Analysis: THE BERUBARI UNION CASE
    On 14 Dec 2020    Views:71552
  • DOCTRINE OF ELECTION UNDER TRANSFER OF PROPERTY ACT, 1882
    On 08 Jul 2020    Views:70691
  • A.K. Gopalan v. State of Madras (1950 AIR 27, 1950 SCR 88)
    On 08 Nov 2020    Views:60066
View all >>

Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified Propertified

86540

Lawyers Network

103860

Users

630

Cities Serving

114

Law Schools Network

59824

Law Students Network

About us

  • Company Profile

Indian Major Laws

  • Indian Constitution
  • IPC
  • CrPC
  • CPC
  • Companies Act
  • Indian Evidence Act
  • CGST Act
  • Limitation Act

Policies

  • Terms of Use
  • Privacy Policy
  • Refund & Cancellation

    Ads & Media

  • Resource Sharing
  • Advertiser(Sign Up/Login)
  • Media

    Careers

  • Internships
  • Jobs
  • Student Journalists

    HELP & SUPPORT

  • Contact Us
  • Grievances
  • Test

News

  • Legal News
  • Post Article
  • Post Interview

Legal Library

  • Central Acts
  • Deeds Drafts [1128 ]
  • Legal Maxims

Connect

Lawsisto Direct

 

  •  
  •  
DISCLAIMER
Copyright © Lawsisto Private Limited. All rights reserved.
Unless otherwise indicated, all materials on these pages are copyrighted by Lawsisto Private Limited. All rights reserved. No part of these pages, either text or image may
be used for any purpose. By continuing past this page, you agree to our Terms of Service, Cookie Policy, Privacy Policy and Content Policies.