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The Hindu Succession Act, 1956, was undoubtedly one of the most important laws passed after Independence to bring uniformity to Hindu inheritance rules across India. However, when the Act came into force, it had a major flaw, i.e., it did not give daughters (married or unmarried) equal rights in their father’s ancestral property. Under the original Act, a daughter was not recognized as a coparcener by birth (i.e., a person who acquires an inherent, birthright interest in ancestral property).
However, the introduction of the Hindu Succession (Amendment) Act, 2005, turned over a new leaf. Although it took time to bring about such an amendment, the positive aspect is that it finally arrived. The amendment granted daughters the same coparcenary rights as sons. As a result, it made them equal inheritors by birth, provided the ancestral property had not been partitioned earlier.
Before this amendment, a daughter’s rights were quite limited as she could not claim a share in ancestral property as a coparcener and could inherit only in restricted situations under the earlier Mitakshara system. Now, whether married or unmarried, a daughter, being a permanent coparcener by birth, can claim father's property. A daughter’s right isn’t lost upon marriage.
The Hindu Succession Act, 1956, is a key legislation that governs the inheritance and succession of property for Hindus, Jains, Sikhs and Buddhists in India. It came into force on 17 June, 1956. The Act provides for intestate succession and regulates the distribution of ancestral as well as self-acquired properties in the country.
While the 1956 Act originally didn’t recognize daughters as coparceners in ancestral property, the 2005 amendment conferred equal coparcenary rights on daughters and placed them on the same footing as sons in matters pertaining to inheritance and succession.
The Act applies to the following individuals :-
Individuals who are Hindus by religion, including Virashaivas, Lingayats, followers of the Brahmo, Prarthana or Arya Samaj.
Buddhists, Jains and Sikhs who are regarded as Hindus for the purposes of the Act.
Any person who is not a Muslim, Christian, Parsi or Jew, unless it is proved that such person would not have been governed by Hindu law/custom prior to the enactment of the Act.
Legitimate/illegitimate children whose parents are Hindus/Buddhists/Jains/Sikhs.
Converts/reconverts to Hinduism/BuddhismJainism/Sikhism unless a contrary custom or usage applies.
It is important to note that individuals who are Muslims, Christians, Parsis and Jews are expressly excluded from the scope of the Act. Their succession matters are governed by their respective personal laws.
The Hindu Succession (Amendment) Act, 2005, was an important and much-needed reform for women empowerment in India. It came into force on 9 September 2005 to remove long-standing gender discrimination in property inheritance. Through the amendment, daughters received the same coparcenary rights in Hindu joint family property as sons by birth. It made the daughters equal partners in family property with the same rights and responsibilities as those of the sons.
U/s 6 of the Act, daughters became coparceners just like sons, empowering them to claim, manage and also bear liabilities related to ancestral property. This change removed earlier prevailing discriminatory rules that denied daughters full rights in joint family property and treated them as secondary heirs.
The Supreme Court later clarified that while the amendment protects property transfers made before 20 December 2004, daughters who were born even before the Act can claim their coparcenary rights from 9 September 2005, i.e., the date when the amendment came into force.
The amendment’s introduction helped to correct the historical inequality, uphold the constitutional principle of equality for women and recognize daughters as full and equal members of the Hindu Undivided Family (shortened as HUF).
(i) Prakash v. Phulwati (2016) :- In this case, the Supreme Court ruled that a daughter would be recognised as a coparcener only if her father was alive on the date the amendment came into force, i.e., 9 September 2005.
(ii) Danamma v. Amar (2018) :- Departing from the view taken in Prakash v. Phulwati, the Apex Court, in Danamma v. Amma, held that Section 6 grants coparcenary rights to daughters from their birth and not from the date of enforcement of the amendment. Therefore, a daughter is entitled to claim her share in coparcenary property even if her father was not alive when the amendment came into effect.
(iii) Vineeta Sharma v. Rakesh Sharma (2020) :- In this case, the Apex Court clarified that the amendment has retrospective operation. It confers coparcenary rights on daughters by birth rather than from date of enforcement. As the right of daughters arises by birth, the existence of the father on date of the amendment is deemed irrelevant. Therefore, irrespective of whether the father was alive or had died on 9 September 2005, the daughter is entitled to claim her share in the property through the means of partition.
The Hindu Succession Act, 1956, was enacted with a vision to codify and amend the law relating to intestate (without a will) succession among Hindus, Jains, Sikhs and Buddhists in India. It aimed at providing an inheritance system that is uniform as well as equitable. It introduced cardinal changes like granting women absolute ownership of property u/s 14 and recognizing daughters as Class I heirs. However, it retained gender inequality by excluding daughters from coparcenary (ancestral property) rights u/s 6.
This defect was corrected nearly 5 decades later by the Hindu Succession (Amendment) Act, 2005. This requisite amendment made daughters coparceners by birth, equal to sons, with the same rights and liabilities in ancestral property. It has been quite effective in removing gender discrimination and aligning succession laws with constitutional principles of equality.
Also Read :- Property Rights of Women in India under Various Laws
Disclaimer :- This blog post is meant for educational purposes only. While we have made every effort to provide our readers with accurate and complete information in this post, we cannot guarantee its full accuracy or completeness. We encourage our readers to verify details via official and reliable sources. Information in this content should not be interpreted as professional, academic, business, financial or legal advice.
Ms. Kashish Kumar is a content writer with a background in legal studies and over five years of experience. She’s written extensively on legal topics and supported non-profits like PETA, CRY, and WWF. A passionate reader, she enjoys books and blogs alike.
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