Provisions of Hindu Succession Act

The Hindu Succession Amendment Act, 2005 was established to enhance the benefits of a daughter- both married and unmarried.  By this reform, the daughter is a coparcener in her claim and has the same benefits and responsibilities in the coparcenary property as the son. It includes a son as well as a daughter who is responsible for the debts of the joint family. The daughter is also authorized to distribute a percentage of her coparcenary assets using the will. 

The basic idea of ​​a coparcenary is that only the male section of a joint Hindu family can establish a coparcenary, & eliminate the female part of the family. No significant change has been made in this principle with the amendment of Section 6 of the Act. This is because while using this reform the daughter is included as a coparcener, yet the wife, mother, and widow cannot be allowed to be coparceners.

Important Provisions of the Hindu Succession (Amendment) Act, 2005

1. In a Hindu Joint Family administered by Mitakshara law, the daughter by birth shall become a coparcener in her own right in an identical way as a son.

2. She will have the same title as a son in the coparcenary property.

3. She shall be directed to the same responsibility in respect of the said coparcenary property as that of a son.

4. Any evidence of a Hindu Mitakshara coparcener shall be deemed to include the source of a daughter as a coparcener.

5. Any organization or division or any interruption in the willful distribution of funds, which took place before the 20th day of December 2004, shall not be amended or canceled by reason of amendment of section 6 of the Act..

6. Any property for which a female Hindu is nominated shall be handled by her with conflicts of coparcenary control and cannot be settled by her by will.

In case of imaginary division:

• The daughter is given the same share that is assigned to a son;

• The share of the pre-deceased son or pre-deceased daughter shall be assigned to the pre-deceased son or the surviving child of such pre-deceased daughter;

8. The concern of a Hindu Mitakshara coparcener shall be treated as a share in the property that would have been allotted to him had the property been divided directly before his death.

9. After the commencement of the Amendment Act, the son, grandson or great-grandson shall have no responsibility for replacement of any liability personally payable by his father, grandfather, or great-grandfather in the field of religious commitment.