Amendments, Case Law, and Contemporary Developments

The Hindu Succession (Amendment) Act, 2005:This is the most transformative reform since 1956.

Major Changes:

• Gender equality in coparcenary rights (Section 6).
• Deletion of discriminatory Section 23 (dwelling house rights) and Section 24 (widow remarriage disqualification).
• Removal of male preference in succession.
• Reinforcement of constitutional equality under Articles 14 and 15.

Subsequent Judicial and Legislative Developments

• Vineeta Sharma (2020): Settled retrospective effect of the 2005 Amendment.
• Kavita Kanwar v. Pamela Mehta (2022): Reaffirmed the daughter’s right to claim partition even after the death of both parents.
• 2023 Amendment Proposal:
  • Introduces gender-neutral language.
  • Expands the definition of “heir” to include children born through assisted reproductive technology (ART).
  • Recognises digital wills and electronic evidence in succession disputes.
  • Clarifies application to HUFs registered under the Income Tax Act.

Constitutional Significance

The Act represents the constitutional transformation of Hindu law — from patriarchal structures toward equality.
It embodies Article 14 (Equality before Law) and Article 15(3), which permits affirmative action for women.

Practical Implications

• Daughters can now seek partition and inherit equally in ancestral and self-acquired property.
• Widows and mothers have strengthened rights under Class I heirs.
• Customary exclusions inconsistent with the Act stand abrogated (Section 4).
• Courts now recognise electronic evidence and digital wills in property disputes.

Challenges and Future Outlook

Despite reforms, issues persist:

• Unequal application across rural areas.
• Misinterpretation of “ancestral property.”
• Procedural hurdles in family courts.
• The next frontier lies in harmonising personal laws under a Uniform Civil Code framework that retains diversity but ensures equality.

Review Questions 

1. What were the main reforms introduced by the Hindu Succession (Amendment) Act, 2005?
2. Discuss the relevance of Article 14 and 15 in shaping Hindu succession law.
3. Explain the importance of Kavita Kanwar v. Pamela Mehta (2022).
4. What are the recent proposals for modernising the Hindu Succession Act?
5. Identify key challenges in implementing gender equality in inheritance.

Summary Table: Key Sections