Understanding Section 6 of the Hindu Succession Act Equal Rights in Ancestral PropertySection 6 of the Hindu Succession Act, 1956, is a landmark provision in Indian law that deals with the devolution of coparcenary property among Hindus. It has evolved significantly over the years, especially with the 2005 amendment that granted daughters the same rights as sons in ancestral property. This section plays a vital role in ensuring gender equality and fair inheritance in Hindu families.
What is the Hindu Succession Act?
The Hindu Succession Act, enacted in 1956, governs the intestate succession of property among Hindus, including Buddhists, Jains, and Sikhs. Before this law, inheritance was largely governed by customary laws, which often favored male heirs.
The Act aimed to modernize Hindu inheritance laws and bring them in line with constitutional values of equality and justice. One of its most important and debated provisions is Section 6, which deals with the rights of coparceners in a Hindu Undivided Family (HUF).
Meaning of Coparcenary Property
Coparcenary property refers to ancestral property inherited by a Hindu male from his father, grandfather, or great-grandfather. Under traditional Hindu law, only male members of a joint Hindu family were considered coparceners and could claim a right to this property by birth.
The term coparcenary also implies a joint ownership where the property belongs collectively to a group, and each member has an equal right in it by birth.
Section 6 Before and After the 2005 Amendment
Before the 2005 Amendment
Prior to 2005, daughters were not considered coparceners in a Hindu Undivided Family. The coparcenary was restricted to male members, and women could only claim a share after the death of a male coparcener under certain conditions.
This meant that daughters had limited or no rights over the family’s ancestral property while they were alive, reinforcing a gender bias in property inheritance.
After the 2005 Amendment
The Hindu Succession (Amendment) Act, 2005, brought a significant change to Section 6. It granted daughters the status of coparceners by birth, just like sons. As a result
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Daughters have equal rights and liabilities in ancestral property.
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They can demand partition and also become karta (manager) of the HUF, just like sons.
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These rights are applicable whether the father is alive or deceased, as long as the property was not partitioned before the amendment.
This amendment marked a huge step toward gender equality in inheritance laws.
Key Features of Section 6
1. Daughters as Coparceners by Birth
Under the revised Section 6, a daughter becomes a coparcener from birth, not just upon the death of her father. This gives her the same rights and liabilities in the joint family property as a son.
2. Equal Right to Partition
Daughters now have the right to demand partition of the ancestral property. They can also seek legal remedies if their share is denied or unjustly withheld.
3. Responsibility for Liabilities
Along with equal rights, daughters also inherit the responsibilities associated with coparcenary property. This includes the liability to pay debts or meet other obligations of the HUF.
4. Applicable to Living Daughters
The Supreme Court clarified that the benefits of the amendment apply to daughters who were alive as of 9 September 2005, irrespective of when they were born.
Landmark Judgments on Section 6
Several court rulings have shaped the interpretation and application of Section 6. Some key judgments include
Prakash v. Phulavati (2016)
In this case, the Supreme Court ruled that the daughter must be alive on the date of the 2005 amendment to claim rights under the new law.
Danamma v. Amar (2018)
Here, the court allowed daughters to claim a share in ancestral property even if the father had died before 2005, as long as the partition had not taken place.
Vineeta Sharma v. Rakesh Sharma (2020)
This landmark verdict overruled earlier decisions and clarified that daughters have coparcenary rights by birth, regardless of whether the father was alive in 2005. This judgment confirmed that these rights are not conditional on the father’s status and ensured full implementation of the amendment.
Impact of Section 6 on Hindu Families
1. Empowerment of Women
By granting daughters equal rights in ancestral property, Section 6 has helped empower women financially and socially. It has also encouraged awareness about gender equality in inheritance laws.
2. Legal Clarity in Property Disputes
The revised law has provided clarity in cases involving partition and property distribution. With the courts upholding the daughter’s right to inherit, families are now more careful in handling joint properties.
3. Challenges in Implementation
Despite legal clarity, many women are still unaware of their rights or face social pressure when claiming them. In some rural and conservative communities, daughters are discouraged from asserting their share to avoid dishonoring the family.
Scope and Limitations of Section 6
While Section 6 is a progressive step, it does have its limitations
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It only applies to ancestral property under Hindu law. Self-acquired property is distributed according to different rules.
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It doesn’t affect those governed by other personal laws, such as Muslims or Christians.
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Awareness about these rights remains low in many parts of India, limiting the law’s effectiveness in practice.
How to Claim Your Right Under Section 6
If a daughter wishes to claim her share in coparcenary property
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Consult a family lawyer to understand her legal standing and the details of the ancestral property.
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Request a partition of the joint family property through negotiation or mediation, if possible.
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File a suit in the family court for partition and settlement if no amicable resolution is found.
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Gather documentation such as property records, family tree, and birth certificates to support the claim.
Conclusion
Section 6 of the Hindu Succession Act represents a major shift in Indian inheritance law. By recognizing daughters as equal coparceners, it has strengthened the constitutional principle of gender equality and improved the legal standing of women in Hindu families. However, to realize the full benefits of this progressive law, continued legal awareness and social acceptance are essential. Families, courts, and legal professionals must work together to ensure that these rights are not only acknowledged in theory but also upheld in practice.