Females Succession rights in India

What rights have been conferred on females by the amendments in?

Hindu Succession Act in the year 2005?

The Hindu (Amendment) Act of 2005 has conferred the following rights on

Females Succession rights in India:

Equal rights to daughter in co- parcenary property:

  • In joint Hindu family governed by Mitakshara law, the daughter of a co-parcener shall by birth become a co-parcener in her own right in the same manner as the son and have the same rights in the coparcerary property as she would have had if she had been a son, inclusive of the right to claim by survivorship and shall be subject to the same liabilities and disabilities in respect thereto as the son;

 

  • At a partition in such a joint Hindu family the co-parcenary property shall be so divided as to allot to a daughter the same share as is allocable to a son:
  1. Provided that the share which a predeceased son or a predeceased daughter would have got at the partition if he or she had been alive at the time of the partition, shall be allotted to the surviving child of such predeceased son or of such predeceased daughter:
  2. Provided further that the share allot able to the predeceased child of a predeceased son or of a predeceased daughter, if such child had been alive at the time of the partition, shall be allotted to the child of such predeceased child of the predeceased son or of such predeceased daughter, as the case may be:
  • Any property to which a female Hindu becomes entitled by virtue of the provisions of clause a) shall be held by her with the incidents of co-parcenary ownership and shall be regarded, notwithstanding anything contained in this Act or any other law for the time being in force, as property capable of being disposed of by her by will or other testamentary disposition;

However, the aforesaid amendment shall not affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken placed before 20th December, 2004.

Where a Hindu dies after the commencement of the Amendment Act, his interest in the property of a joint Hindu Family shall devolve by testamentary or intestate succession, as the case may be, and not by survivorship.

Before the Amendment of 2005 female heir could not ask for partition in respect of dwelling house wholly occupied by a joint family until male heirs chose to divide their respective shares therein. Now this provision has been omitted so as to remove the disability on female heirs. Thus a female heir can now ask for partition in respect of a dwelling house occupied by a joint family, irrespective, of the fact whether male heirs choose to divide their respective shares therein or not.

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