| Short Title: | The Hindu Succession (Amendment) Act, 2005 |
| Long Title: | An Act to further amend the Hindu Succession Act, 1956 |
| Citation: | Act No. 39 of 2005 |
| Enacted By: | Parliament of India |
| Date Assented: | 5 September 2005 |
| Date Commenced: | 9 September 2005 |
| Status: | in force |
The Hindu Succession (Amendment) Act, 2005, an amendment to the Hindu Succession Act, 1956, received the assent from President of India on 5 September 2005 and was given effect from 9 September 2005.[1] It was essentially meant for removing gender stereotype provisions regarding property rights in the Hindu Succession Act, 1956. It was a revolutionary step in the field of Indian legislation regarding rights of women in India.
In section 4 of the Hindu Succession Act, 1956, sub-section (2) has been omitted.[2]
Section 6 in the principal act has been substituted by the amended provision. It bars courts from "[recognizing] 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 obligation under the Hindu law."[3]
The amendment, under clause 5 of section 6 provides an exception for partitions created through deeds under the Registration Act, 1908 or court decrees.
The amendment has tremendously balanced the property rights of male and female siblings. In 2008, the Supreme Court ruled that the law has retrospective effect, and for the daughter to become a co-sharer with her male siblings, the father does not have to be alive on 9 September 2005. The Supreme Court also ruled that the amendment was applicable to all partition suits filed before 2005 and pending when the amendment was framed.[4]