MAHARASHTRA NATIONAL LAW UNIVERSITY, MUMBAI

FAMILY LAW-II

SYNOPSIS

HINDU SUCCESSION ACT, 2005: ANALYSIS

Submitted to Submitted by
PROF. ASHOK SHRIVASTAVA Parth Khandelwal
2016032

4th Semester
B.A.LLB.
ABSTRACT

In this research paper researcher has tried to explore the developments and differences of
various legislative enactments passed time to time to ameliorate the position of Hindu women
regarding her right to property. Thus, in this paper researcher in first part will be explaining
about the Hindu succession act and how it has it been in past. Secondly, there will be
explanation as to what 2005 amendment entails, its scope and nature and how it has been a step
moving forward. Thirdly, the difference of the act from the previous major act of 1956.
Fourthly paper covers the effects on daughter’s interest and how judicial pronouncements have
impacted. And finally, paper will be suggesting different other positive steps to improve the
situation and a conclusive analysis of how researcher’s understanding is in pertinence to
project.

INTRODUCTION

‘‘Just as a bird could not fly with one wing only, a nation would not march forward if the
women are left behind’’ – Swami Vivekananda

In ancient times women did not have any kind of rights for share or ownership in father’s
property because if male members were primarily considered as the one to have share in
ancestral property and female did not have a part in it. Women have been dominated and it has
been considered that they can only live under husband, father, son etc. only way she gets a
share is through stridhana. After independence Hindu succession act 1956 was in place but it
had been based on the same principle. As it believed male to be the one who takes care of
property and of finance related matter. Thus, this act only provided female power upto
maintenance of female members. Thus, steps in terms of seeing the rights awarded under
constitutional right of article 14, article 21 are feeble. As there was far from equality between
being son or being daughter of same parent.

This problem was addressed by 2005 amendment of the Hindu succession act which proved to
be of substantial difference to the disparity between the two sexes. As this amendment gave
equal right to female members in the ancestral property same as the male members of the
family. Thus, making them coparceners in the property having same right to demand the
property right from the birth.

Thus, researcher will be focussing on this aspect of research where research will be having a
journey from the past and historical understanding of succession and how it has been since the
independence of

• HISTORY OF HINDU SUCCESSION

Here researcher will be expanding upon the topic in its basic essence providing
understanding of the terrain of the topic and how situation has been before with respect
to previous act of 1956.

• HINDU SUCCESSION ACT 2005

o NATURE & SCOPE

o STATUTORY PROVISIONS WHICH ARE AMENDED IN HINDU SUCCESSION

AMENDMENT ACT 2005

Here researcher will be explaining in detail as to the understanding of the amendment

act passed in 2005 and what changes it has brought about with regards to the previous
laws.

• COMPARISON BETWEEN 1956 AND 2005 ACT

Here researcher will be explaining the difference between the law of 1956 and 2005
and how there has been a stark difference between the two.

• EFFECT ON DAUGHTER’S INTEREST

o JUDICIAL PRONOUNCEMENTS

Here researcher will bring about the judicial decision and the act’s significant aspects
and how it is a tool for bringing equality to gender biased law enacted previously.

• SUGGESTIONS
 Here researcher will be using the understanding to come to some positive changes
which can help enhanced with regards to the act.

• CONCLUSION

Here researcher will be providing the understanding attained by researcher throughout

the project and the understanding and what are researcher’s thoughts regarding the
project.

BIBLIOGRAPHY

ACTS AND OFFICAL DOCUMENTS

• The Hindu Succession (Amendment) Act, 2005

• Law Commission of India, 174th Report on “Property Rights of women: Proposed

Reform under the Hindu Law.”2000 (May 5, (2000). The Hindu Succession Act, 1956

• Gazette of India, Extraordinary, Pt II, Sec.1, dated 6th September,2005

CASES

• Badrinarayan Shankar Bhandari Vs. Omprakash Shankar Bhandar AIR 2014, BOM
151

• Vaishali Satish Ganorkar vs. Satish Keshaorao Ganorkar AIR 2012, BOM 101

• Income Tax v. G. S. Mills AIR 1966

ARTICLES

• Abhay Nevagi Associates, Whether The Hindu Succession (Amendment) Act, 2005
Will Have Retrospective Or Prospective Effect, 3 Nov 2015.
https://www.legallyindia.com/views/entry/whether-the-hindu-succession-amendment-
act-2005-will-have-retrospective-or-prospective-effect
 • Kharat, Shital, Effect of the Hindu Succession (Amendment) Act 2005 – Judicial
Response (February 6, 2017) https://ssrn.com/abstract=2912662

• Betwa Sarma, Hindu Women’s Rights (or the lack of them) in Ancestral Property, the Lawyers
Colective, February 2005

• Prakash Chandra Jain, Women’s Property Rights under Traditional Hindu and the Hindu
Succession Act, 1956: Some Observations, Journal of Indian Law Institute, Jan- Dec 2003Vol
45

• Hazarika Rupa, an analytical study of right to property of Hindu women with special
reference to the hindu succession amendment act 2005, http://hdl.handle.net/10603/186563

• J. Duncan M. Derrett. "The Hindu Succession Act, 1956: An Experiment in Social

Legislation." The American Journal of Comparative Law 8, no. 4 (1959): 485-501.
doi:10.2307/837692.