1. What rights have been conferred on females by the amendments in Hindu Succession Act in the year 2005? Ans. The Hindu (Amendment) Act of 2005 has conferred the following rights on females: Equal rights to daughter in co-parcenary property: a) in joint Hindu family governed by Mitakshara law, the daughter of a co-parcener shall by birth become a co-parcener in her own right in the same manner as the son and have the same rights in the co- parcerary property as she would have had if she had been a son, inclusive of the right to claim by survivorship and shall be subject to the same liabilities and disabilities in respect thereto as the son; b) at a partition in such a joint Hindu family the co-parcenary property shall be so divided as to allot to a daughter the same share as is allotable to a son: Provided that the share which a predeceased son or a predeceased daughter would have got at the partition if he or she had been alive at the time of the partition, shall be allotted to the surviving child of such predeceased son or of such predeceased daughter: Provided further that the share allotable to the predeceased child of a predeceased son or of a predeceased daughter, if such child had been alive at the time of the partition, shall be allotted to the child of such predeceased child of the predeceased son or of such predeceased daughter, as the case may be: c) any property to which a female Hindu becomes entitled by virtue of the provisions of clause a) shall be held by her with the incidents of co-parcenary ownership and shall be regarded, notwithstanding anything contained in this Act or any other law for the time being in force, as property capable of being disposed of by her by will or other testamentary disposition; However, the aforesaid amendment shall not affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken placed before 20 th December, 2004. 35 fgUnw mRrjkf/kdkj vf/kfu;e PrzN o"kZ 2005 esa fgUnw mRrjkf/kdkj vf/kfu;e esa la'kks/ku djds efgykvksa dks dkSu&2 ls vf/kdkj fn, x, gS\ -- lt-< (=ziii-) ~lil-n .cc: n nltni~i +i l---lnli- ~li+i l<( n( t lzi +i =+- =-l- n i-- =ini- ~li+i +) lt-< =+- li l= ln-i-ii lli nin ti-i t. (= =+- li n zi +i -n = z + =ni- ni-i ini ~i -= =+- li +i =-l- n zi +i z + =ni- i ~li+i (lt-=) lnnn ~i -= zi +i <il ( ~i-i( z + =ni- tini i) (= =+- li +i =-l- +i ii ti- zi +i z + =ni- (+ =i lt-=i lnnni t l+ ~n li +i z i zi +i tn ti n ti -+i ti -i i + =n -=+i =--i- -it t z ti i zi -=+i ti lt-=i lnnni i -= z i zi +i i-- ti-i l< t il- ti-i t l+ n- =--i- = n- z i zi +i JO IH_SA BmWVARE KE SMY IMLNA tA aGR t --i i + =n il- HOTA, -i t -= n- S$TAN ini lt-=i @S B-CE KO IMLE GA JO @S PuV^ n- LFKA YA LFKi Ki S$TAN KA B-CA He , CAHE VH LFKA HO YA LFKi n) i (K) ~-=i JO i<i< lt-< nltni KO IMLi He , @S Sm PIT KA VH H_TATmRn VSiYT Ki <H SE KR SKTi He := -i+- =ziii- +i .c l<=- .cc- = tn t( i i H_TATmRn +i: ii -ti tini 36 Where a Hindu dies after the commencement of the Amendment Act, his interest in the property of a joint Hindu Family shall devolve by testamentary or intestate succession, as the case may be, and not by survivorship. Before the Amendment of 2005 female heir could not ask for partition in respect of dwelling house wholly occupied by a joint family until male heirs chose to divide their respective shares therein. Now this provision has been omitted so as to remove the disability on female heirs. Thus a female heir can now ask for partition in respect of a dwelling house occupied by a joint family, irrespective, of the fact whether male heirs choose to divide their respective shares therein or not. 2. What are the general rules of succession of females? Ans. Property of a female Hindu dying intestate shall devolve on the following: a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband; b) secondly, upon the heirs of the husband; c) thirdly, upon the mother and father; d) fourthly, upon the heirs of the father; and e) lastly, upon the heirs of the mother The heirs specified in one entry shall be preferred to those in succeeding entries. All the heirs included in same entry shall take simultaneously. The heirs of pre-deceased son or daughter shall take between them the share which such son or daughter would have taken, if living. 37 +i: lt-< := =ziili- (+ + -n- + z-i- n i-i t -i -=+i =+- lt-< li +i =-l- n lt- +i ii =i- i +i: n ni ,ii, ~n +i: lnii t. -=+ ~-=i tini - l+ --ii + l=,i-- + ~-=i .cc: + =ziii- = tn +i: ii nltni il=, IRHAYsi i, i l+ =+- li + KJE MEm HO, +i i + ln( - -+ -ti +t =+-i ii -+ i il= (=i - +-i -it nltni il= +i := ~i-i +i lni- + ln( t l-n ti l<i ni t ~- ~ (+ nltni il=. =+- lt-< li ,ii ~liiin n ni i t i +i ii +i =+-i t, -it i il= -it i -ti PrzN MIHLA KE MAMLE MEm @kRAI~KAR KE SAMA$Y INYM ? n | MIHLA tks fcuk olh;r ds cuk, ej tkrh gS rks mlds MRnOPRA$T @SKi SmPI-i ds fuEufy[kr gdnkj gksa xs%& 1. PHLE - PUQ aoR PUIQYAm (IJNMEm PHLE MR CUKE PUQ YA PUQi KE B-CE bi sAIML He m) aoR PIT, 2. DuSRE - PIT KE @-iRAI~KARi, 3. TiSRE - MATA aoR IPTA, 4. CotE - IPTA KE @-iRAI~KARi, 5. PAvCVA - MATA KE @-iRAI~KARi| @PRO+T l| `$DrAJ MEm DJ^ @-iRAI~KARks a KO @SKE BAD DJ^ Ki G`^ Jsf.k;ksa ds mrjkf/kdkjh;ksa ls PrAtIMKTA Di JAlGi| lK #Eni MEm DJ^ @-iRAI~KARi cjkcj ds gdnkj gksa xs| PHLE MR CU KE PUQ YA PUQi KE @-iRAI~KARi aAPS MEm @S PUQ/PUQi KA IH_SA tks mls feyrk ;fn og thfor gksrk ;k gksrh] cjkcj ckaVsxsa A 38 3. What are the general rules of succession of males? Ans. The property of a male Hindu dying intestate shall devolve as follows: a) firstly, upon the heirs, being the relatives specified in class 1 of the Schedule; b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule; c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased, and d) lastly, if there is no agnate, then upon the cognates of the deceased. Heirs in Class I of Schedule Son; daughter; widow; mother; son of of a predeceased son; son of a pre- deceased daughter; daughter of a pre-deceased daughter; widow of a pre- deceased son; son of pre-deceased son of a pre-deceased son; daughter of a pre-deceased, son of pre-deceased son; [son of a pre-deceased daughter of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased daughter; daughter of a pre-deceased son of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre- deceased son]. Heirs in Class II of Schedule I. Father. II. (1) Sons daughters son, (2) sonss daughters daughter, (3) brother, (4) sister. III. (1) Daughters sons son, (2) daughters sons daughter, (3) daughters daughters son, (4) daughters daughters daughter. IV. (1) Brothers son. (2) sisters son, (3) brothers daughter (4) sisters daughter V. Fathers father; fathers mother VI. Fathers widow; brothers widow VII. Fathers brother; fathers sister 39 PrzN ? n li |n i - i i | -ln ; i lnln rin| r r nilii|, i l-ni aNUSuIC Ki i- i| - ii Gl r | , l i- i| - i; nilii| r| r ni r nilii| JO aNUSuIC Ki l,n| i| - ii n r | n|, l r| i lii - i; nilii| r| r ni i MRNE VALE KE SGOQ r (Agnates) i n -, l i; ni - r| r ni - i in| (Cognates) , | | lii -n i , -n | |, -n | lii, - i | r - i| | i i, - i | r - i| | | || i lni ii irni | zirn| sii; r iii | i ini, z| | in|, s i irni, | | irn| iv in|i ziii sin|| ii| v ii zi| vi IPTA Ki IV~VA, zbA`^ Ki IV~VA vii ni+ (ii) zi 40 VIII Mother father; mothers mother IX Mothers brother; mothers sister. All the heirs specified in Class-I of schedule shall take simultaneously and to the exclusion of all other heirs. The heirs specified in first entry in class II of schedule shall be preferred to those in the succeeding entry and similarly those in the second entry shall be preferred to those in the third entry and so on. The property shall be divided between the heirs specified in anyone entry so that they share equally. The property of an intestate shall divide among the heirs in Class I of the schedule as follows:- Rule 1. The intestates widow, or if there are more widows than one, all the widows together, shall take one share. Rule 2. The surviving sons and daughters and the mother of the intestate shall each take one share. Rule 3. The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share. Rule 4. The distribution of the share referred to in Rule-3 ii) among the heirs in the branch of the pre-deceased son shall be so made that his widow (or widows together) and the surviving sons and daughters get equal portions; and the branch of his predeceased sons gets the same portion; iii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions. 41 viii ii zi| ix -i-i z-i| i| nilii| i l | i- i| - lii n r i ri rin i i| niliili KO cOFKR @TRAI~KARi PAYEmGE/I,ITY #Eni KE @TRAI~KAIRYOm MEm `$DrAJ-1 MEm DJ^ @TRAI~KARi KO DuSRi l- MEm DJ^ VAIRSOm SE iil-ni | in| i ;| i | l- nilii|i i n-n| l- - lin nilii|i iil-ni | in|| l| l- - lin nilii|i - -ln i i-| in|| - i | l-n i -ii | | i- i| nilii|i - ; i rini l-I:- - i | lii, aoR l li lii r n i| liii i ii, lr-i l-ni| l-II:- , li i - i | -i i lr-i i| l-III:- - i -n i | il i - lr-i n| l-IV:- l-s - lr- i -ii ; i rini - r - i i lr-i lnln rini lii zi s| (ii) r - i| | i lr-i lnln rini i z| (i)