Hindu Women Become 'Equals,' Thanks to the Hindu Succession (Amendment) Act, 2005
Hindu Daughters Become Equal Coparceners in Family Property
The 2005 HSA includes all daughters, particularly married daughters as coparceners in family property with the same birth rights as sons.
Hindu Daughters Can Demand Partition and Enjoy Residential Rights in Parental Home
Earlier, the 1956 HSA allowed sons to have a greater privilege by direct birth right to claim an independent share but married daughters (unless they were separated, deserted or widowed) could not do the same. The 2005 HSA is beneficial for Hindu women because:
- It gives daughters (married or not) the same rights as sons to stay in their homes and demand partition.
- This enhances a woman’s security as she can return to her home by right and not be treated as a dependent by her male siblings or relatives.
- This provision also gives a Hindu woman a better social position in her marital family. Once a girl from a Hindu family is married, she is typically told by her parents that ‘your husband’s family is your family from today’ but now, a Hindu daughter has the right to enjoy residence in her parental home whether she is married or not. This gives her a greater social position in her marital home.
Widows of Pre-deceased Sons have the Right to Inherit
The 2005 HSA enables widows of predeceased sons with the right to inherit the property of the deceased, if they remarried. In the legal fraternity, the risk of fragmentation has been pointed out along with other anomalies that are present in the 2005 HAS but for the Hindu woman, this amended Act enables her to assert her inheritance rights.