pls give descripttion in which sec and
when is ammendment dne
Good evening,
We can help you better if you could be more specific with respect to the facts.
Hindu succession act 1956 talks about intestate succession, or inheritance. Intestate means when a person dies without a will. It is applicable to Hindus, Sikhs, Jains and Buddhists as mentioned in Section 2 of this Act. It provides rules, terms and definitions for inheritance of property in the case of male and female members of the family. It talks about who can, and who can not inherit the property of a deceased person within the family. This act did not specify women's rights to seek partition, causing confusion, hence the act had to be amended in the year 2005.
The Hindu succession act was amended in 2005 to remove the discriminatory grounds of partitioning of property, and ensured that sons and daughters with equal inheritance rights. This amendment act 2005 enabled daughters to be coparcener since birth, and enabled them to have the same rights and liabilities. (coparcener is someone who has equal rights on inheritance of undivided property). This amended act is applicable to any daughter, regardless of whether they were born before, or after the year 2005, as Supreme Court has clarified, meaning that even if the daughter is born before/after 2005, she will be a coparcener since birth, and she will have a right to the ancestral property.
Please refer to these links to understand more about Hindu Succession Act-
https://www.lawyersclubindia.com/articles/hindu-succession-act-before-after-2005-amendment-brief-analysis-of-judgments-8137.asp
https://www.lawyersclubindia.com/articles/hindu-succession-amendment-act-2005-empowering-women-1058.asp
Regards,
Nandini
