Amendment (2005) of Hindu Succession Act, 1956
The Hindu succession Act 1956 has been amended in the year 2005.This amendment has brought in revolutionary changes, in the rights of women, in Hindu property.
Sec 6 of Act has been changed almost totally conferring rights on the daughter on par with the son. As per Sec 6, on and from the commencement of the Hindu succession (Amendment) act, 2005, in a joint Hindu family governed by the Mitakshara law, the daughter of a coparcener shall,
a) By birth become a Coparcener in her on right in the same manner as the son.
b) Have the same right in the coparcenery property as she would have had, if she had been a son;
c) Be subject to the same liabilities in respect of the said coparcenery property as that of the son.
And any reference to a Hindu Mitakshara coparcener shall be deemed to include a reference of a daughter of a coparcener.
Earlier under section 23 of the Act, female heirs had some limitations to claim partition of the dwelling house occupied jointly by the members of the family. This section has been totally omitted by the 2005 Amendment, and now female heirs are entitled to claim partition. Further Sec 24, which prohibited share to an interstate’s heir’s widow if she remarried as on the date of succession opens, has been, omitted by the 2005 amendment.