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Major changes in Hindu Law on succession

When does the right of the daughter in the joint family property arise?

The right to succession opens up on the death of the father. But since she is treated as a coparcener with right to demand partition with effect from September 9, 2005, it would appear that in a joint family in which her father is the karta, the daughter acquires the right immediately on the date on which the provision became law. Though right to demand partition is not specifically spelt out, the fact that she has the same right as a coparcener would mean that she has such a right. The Supreme Court in Sai Reddy v S. Narayana Reddy (1991) 3 SCC 647 has held that such a right to demand partition is inherent in her right to a share in the joint family property under an analogous provision in the Andhra Pradesh amendment.

Some States have already given daughters the same right as sons, so what is new in the central legislation?

Andhra Pradesh had first amended the Hindu Succession Act, 1956 giving the right to daughters, but only to those who were unmarried at the time the law was enacted, that is September 5, 1985.

Tamil Nadu followed suit giving such rights to daughters unmarried as on March 25, 1989, and Karnataka and Maharashtra gave such rights to unmarried daughters as on July 30, 1994 and June 22, 1994 respectively by State amendments.

The Central law now enlarges the right of all daughters irrespective of the date of their marriage. Kerala, however, had abolished branches of both Mitakshara and Aliyasanthana law.

Its Statement of Objects and Reasons would state that, besides Mitakshara and Dayabhaga schools, it covers those governed by Marumakkathayam, Aliyasanthana and Namboodri laws and Veerasaiva, Brahmo, Lingayats, Aryasamajist, Buddhists, Jains or Sikhs or any person other than Muslim, Christian, Parsi or Jew by religion. A common civil code is, therefore, established among the different schools of Hindus in the matter of succession.

What is the result of this law on States which have already enacted the law differently?

Since the law on succession is a concurrent subject, both the State and the Centre can enact laws. But where there is a conflict, Article 245 would provide that the Central law would prevail except to the extent where both can be reconciled. Reconciliation may present some difficulties especially in Kerala, which has abolished the Hindu joint family, while the Central law would deal with Hindu succession as though such laws continue to exist.

The effect of Central law is that a daughter who was already married on the specified date and was not eligible for a share equal to her brother will now have her right enlarged by the present Central Amendment, where the father's death occurs after September 9, 2005.

S. RAJARATNAM

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