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· Sons had rights over the deceased father's property prior to the Hindu Succession Amendment Act of 2005, whereas daughters could only do so while they were still single.
· The 174th Law Commission Report's recommendations led to the passage of the Hindu Succession (Amendment) Act, 2005, which significantly altered the 1956 Act.
· Previously reserved for the male family members, married women could now inherit their father's property.
· To put it another way, women might now enjoy equal depositionary rights to the patriarch's property and become coparceners in a succession.
· Women can now inherit property as coparceners according to an amendment to Section 6 of the Hindu Succession Act that addresses the devolution of coparcenary property.
· The long-standing discriminatory practice of barring women from the coparcenary system was abolished by the 2005 Amendment, as stated in Section 6 of the HSA. It was accomplished by changing HSA Section 6.
· According to Section 6(1) of the modified HSA, a coparcener's daughter will naturally become a coparcener in her own right, just like her sons.
· In this manner, Section 6(1) grants the coparcener's sons and daughters equal rights and obligations.
· A portion of the coparcenary property.
· A deceased coparcener's interest in a Hindu Undivided Family's assets will pass through testamentary or intestate succession, per Section 6(3) of the HSA. Devolution must take place so that:
· The daughter's share is equal to the son's. The share of the predeceased woman coparcener
·
In addition, Section 19 of the Hindu
Adoption and Maintenance Act, 1956 (HAMA) allows a daughter-in-law to demand
maintenance from her father-in-law if she is unable to support herself out of
her own income or assets. If she has no assets, she cannot receive maintenance
from her spouse, parents, or kids.
· If the father-in-law does not possess any coparcenary property from which the daughter-in-law has not received a share, then any obligation under sub-section (1) of Section 19 as previously mentioned will not be enforceable. Additionally, any such obligation will end upon the daughter-in-law's remarriage.
The advancement of a nation in the
modern day depends on making sure that its women are not left behind.
Theoretically and practically, women should have the same rights and
opportunities as men. A country can only start along the path of growth when it
really maintains gender equality in both concept and practice. Since the
daughters now have the same birthright to the ancestral property as the sons,
their interest in it is protected now that they have been acknowledged as
coparceners. The father cannot deny the daughters their portion of the property
by testamentary disposition.
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