family law

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 a nd 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

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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.

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HINDU SUCCESSION ACT 2005 o

o

 NATURE & SCOPE 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.

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COMPARISON BETWEEN 1956 A ND 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.

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EFFECT O N DAUGHTER ’S I NTEREST 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

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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

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

CASES •

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

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

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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-amendmentact-2005-will-have-retrospective-or-prospective-effect

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Kharat, Shital, Effect of the Hindu Succession (Amendment) Act 2005 – Judicial Response (February 6, 2017) https://ssrn.com/abstract=2912662

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

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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

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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

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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.