GLOBAL DATABASE ON VIOLENCE AGAINST WOMENCOUNTRY-PROFILEINDIAMEASURESTHE HINDU SUCCESSION AMENDMENT ACT 2005
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The Hindu Succession Amendment Act 2005
Type of Measure
Laws > Other relevant laws > Property Inheritance law
Form of Violence
Violence against women and girls
Year
2005
Brief Description

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 daughter of a coparcener shall by birth become a coparcener in her own right in the same manner as the son. The daughter shall now have the same rights in the coparcenary property (ancestral property of the Hindu undivided family) as a son. This amendment also repeals Section 23 of the Hindu Succession Act which disentitled a female heir to ask for partition in respect of a dwelling house, wholly occupied by a joint family, until the male heirs choose to divide their respective shares. Section 24 of the Act which denied rights of a widow to inherit her husband‟s property upon her re-marriage has been repealed. This Act has brought about a central amendment which is applicable to all the state governments.

Source of Information

Government of India, National review on Beijing +20, 2015, page 12; CEDAW/ C/IND/4-5, para. 5.

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