Question

Write a brief Note: on ‘Hindu Succession Amendment Act, 2005’

Answer 1

Hint:The 2005 Hindu Succession (Amendment) Act, a bill of rights to the 1956 Hindu Succession Act, was endorsed by the President of India on 5 September 2005 and entered into force on 9 September 2005.

Complete Answer:This act was essentially intended in the Hindu Succession Act, 1956, to eliminate gender-discriminatory clauses regarding property rights. In the field of Indian law concerning women's rights in India, it was a ground-breaking measure. The amendment balanced the property rights of male and female siblings immensely. In 2008, the Supreme Court ruled that the law had a retrospective effect, and on 9 September 2005, the father would have to be alive for the daughter to become a co-sharer with her male siblings. The Supreme Court also held that the amendment extended to all partition suits brought prior to 2005 even before the amendment had been framed. Sub-section has been omitted in section 4 of the Hindu Succession Act, 1956.
Amendment of Section 6 of the principal Act The amended clause has been replaced by Section 6 in the main act. In principle, the amended provision under section 6 of the key act defines as follows- As per Hindu Succession (Amendment) Act, 2005, the holy obligation of a son, grandson or great-grandchild to recover any money incurred by his father, grandfather, or great-grandfather under the Hindu law, came to an end.

ExceptionThe amendment to section 6 of clause 5 offers an exception as follows: 5) Nothing contained in this section shall apply to a partition, which has been affected before the 20th day of December 2004. That is, For the purposes of this clause, "partition" means any division rendered by implementing a division deed legally vetted in compliance with the Registration Act of 1908 or separation made by a court decree.

Note:This law or amendment is applicable to all the states and as well as Union territory, through this amendment, women are being able to gain self-confidence as they are treated equally and also gives them financial stability.