hindu law

1. Devolution of interest in the coparcenary property
The devolution of interest in the coparcenary property is regulated by the Section 6
of Hindu SuccessionAct 1956. The Section 6 is amended by the 174th Report
entitled “PropertyRights to Women: Proposed reforms under Hindu Law”.
There are two grounds for the recommendation:
i) Exclusion of daughters from the ancestral property is a discrimination
based on gender which is violative of right to equality.
ii) Already the states of Tamil Nadu, Andra Pradesh, Karnataka, Kerala,
Maharashtra provides for the daughters share in the ancestral property.
Bill was introduced and passed known as Act no 39 of 2005 entitled Hindu
SuccessionAmendment Act 2005 , which got the assent of President on 5th Sept
2005 and put into force 9/9/2005.
With effect from 9/9/2005 in a joint Hindu family governed by the Mitakshara
law, the daughter of a coparcener shall:-
 By birth become a coparcener in her own right in the same manner as the
son
 Have the same rights in the coparcenary property as she would have had
if she had been a son.
 Be subjected to same liabilities in respect of the said coparcenary
property as that of a son.
Whenever is the reference of Hindu Mitakshara coparcener, shall be
deemed to include a reference to a daughter of a coparcener. {Section 6 (1)}
Nothing in this section shall affect or invalidate any disposition or alienation
including any partition or testamentary disposition of property which has
taken place before 20th December, 2004.
Any property for which the female become entitled by virtue of section 6 (1)
shall be held by her with all the incidents of the coparcenary ownership and
shall disposeof it by her testamentary disposition i.e. it will becomeits
separate property.{Section6(2)}

2. Where a Hindu dies after the passing of Hindu SuccessionAmendment Act
2005, his interest in the property of a joint Hindu Family governed by the
Mitakshara law, shall devolve by the testamentary successionorintestate
successionnot by survivorship.
Whenever the partition of such property take place:
 Daughter will be allotted the same share as is allotted to a son
 The share of the pre-deceased sonor a predeceased daughter shall be
allotted to the surviving child of such predeceased sonor predeceased
daughter.
 The share of the predeceased child of a predeceased sonor of a
predeceased daughter, as such child would got had if he or she been
alive at the time of the partition, shall be allotted to the child of such
predeceased child of the predeceased sonor a predeceased daughter ,
as the case may be .{Section 6(3)}
After 2005 amendment no court shall recognize 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 obligations
under the Hindu law, of suchson, grandson or great grandson to discharge such
debt.
But if the debt is contracted before the commencement of the Hindu Succession
Amendment Act 2005 this subsection shall not affect:-
 The right of any creditor to proceed against the Son, grandson or great
grandson as the case may be;
 Any alienation made in respect of or in satisfaction of, any debt, and 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 SuccessionAct is not enforceable.{Section 6(4)}
Nothing in the section shall apply to a partition, which has been effected before
20th December 2004.

3. Effects of amendment on the Section 6
The following are the effect of the amendment on the devolution of interest in
the coparcenary property:-
 Conceptof the Mitakshara coparcenary had been changed as daughter
has been treated at par with Son.
 Daughter shall be entitled to a share equal to sonby birth.
 Daughter become a coparcenerin her own right
 Daughter is liable to pay liabilities in respectof coparcenary property.
 Daughter become entitled to seek partition of joint Hindu family property
 Her share in joint family property cannot be willed away
 This amendment is equally applicable to the married daughters also