- Hindu Succession (Amendment) Act, 2005
- Hindu Succession Act, 1956
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- THE HINDU SUCCESSION (AMENDMENT) ACT, 2005
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- Hindu Succession Act before & after 2005 …
- Hindu Succession (Amendment) Act, 2005 comes into force from …
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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. 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.
Key amendments
= Amendment of section 4 of the principal Act
=In section 4 of the Hindu Succession Act, 1956, sub-section (2) has been omitted.
= Amendment of Section 6 of the principal Act
=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."
= Exception
=The amendment, under clause 5 of section 6 provides an exception for partitions created through deeds under the Registration Act, 1908 or court decrees.
Key features & effect
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.
This amendment is in consonance with the right of equality as enshrined under Article 14, 15, & 21 of the constitution of India.
References
Kata Kunci Pencarian:
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The Hindu Succession (Amendment) Act, 2005
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Hindu Succession Amendment Act 2005 | Law column
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Hindu succession amendment act 2005 | PPT
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Hindu succession amendment act 2005 | PPT
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Hindu succession amendment act 2005
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Hindu succession amendment act 2005
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Hindu succession amendment act 2005
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Hindu succession amendment act 2005
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Hindu succession act amendment 2005.bose
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What is Hindu Succession (Amendment) Act, 2005?
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Summary Of Hindu Succession Amendment Act, 2005 | Law column
Hindu Succession Act 1956 | LAWRELS
hindu succession amendment act 2005
Daftar Isi
THE HINDU SUCCESSION (AMENDMENT) ACT, 2005
Download the PDF file of the Hindu Succession (Amendment) Act, 2005, which amended the Hindu Succession Act, 1956, to grant equal rights to daughters in coparcenary property. The …
Hindu Succession Amendment Act 2005 - Law column
May 18, 2020 · From the commencement of the Hindu Succession (Amendment) Act 2005, with reference to joint family governed by Mitakshara Law, the …
The Hindu Succession Amendment Act 2005
The Hindu Succession (Amendment) Act, 2005 (39 of 2005) was enacted to remove gender discriminatory provisions in the Hindu Succession Act, 1956. Under the amendment, the …
Hindu Succession Act before & after 2005 …
May 8, 2017 · The article analyzes the impact of the 2005 amendment to the Hindu Succession Act 1956 on the devolution of coparcenary property. It cites various judgments that follow the notional partition theory and reject the …
Hindu Succession (Amendment) Act, 2005 comes into force from …
The Hindu Succession (Amendment) Act is to remove gender discriminatory provisions in the Hindu Succession Act, 1956 and gives the following rights to daughters under Section 6: The …
The Big Picture: Hindu Succession Law & Daughter’s Rights
Prior to the 2005 amendment, the daughters of the Hindu undivided family were not granted the status of coparceners to the property. The distribution of property in a family took place from …
Hindu Succession Act 2005 - drishtijudiciary.com
Nov 13, 2024 · The Madras High Court recently discussed the impact of the 2005 amendment to the Hindu Succession Act, which granted daughters equal rights in ancestral property. Justice …
Act 039 of 2005 : Hindu Succession (Amendment) Act, 2005
Devolution of interest in coparcenary property.-(1) On and from the commencement of the Hindu Succession (Amendment) Act, 2005, in a Joint Hindu family governed by the Mitakshara law, …