Effect of the Hindu Succession (Amendment) Act 2005 – Judicial Response

Abstract

Women, since the vedic times were dominated because of the she is women. She can only live life under her husband, father, sons etc. but after certain changes in law women get various rights & privileges for living with dignity under Article 21 of the Indian Constitution. In ancient time women does not having any kind of share or ownership in fathers property because the domination of male in succession e.g. male is the head of the joint family & therefore he holds the rights to ancestral property. Hindu Succession Act 1956 originally did not gave inheritance rights in ancestral property but ask for a right to sustained/maintain from Hindu Joint family. Most effect was done in status of women in his father’s property after the Hindu Succession Act 2005 this amendment try to maintain Article 14, 15, & 21 of the constitution of India. There are certain provisions of Hindu Succession Act 1956 amended by Hindu Succession Act 2005 after this amendment various issues raised regarding interest of women in ancestral property and whether this amendment Act having a Prospective effect or Retrospective effect upon this issue Judiciary Court gave excellent interpretation or explanation for prospective effect.

Keywords: Coparcener, Succession Ancestral Property