The Hindu Succession Act of 1956 governs inheritance laws for Hindus in India. However, you mentioned the Hindu Inheritance Act of 2005, which isn't a separate legislation. Perhaps you meant the amendments made to the Hindu Succession Act in 2005.
In 2005, the Hindu Succession Act was amended to provide equal rights to daughters in ancestral property. Before this amendment, daughters didn't have equal inheritance rights compared to sons. The amendment brought about significant changes, ensuring daughters have the same rights as sons in the ancestral property of their parents.
Here are the key details of the amendments made to the Hindu Succession Act in 2005:
Equal Inheritance Rights for Daughters: The most significant change brought about by the amendment was to grant daughters equal rights to ancestral property. Prior to this amendment, daughters had limited inheritance rights, particularly in ancestral property. However, after the amendment, daughters are now considered coparceners and have the same rights and liabilities in the ancestral property as sons.
Coparcenary Property: The amendment recognized daughters as coparceners, allowing them to inherit ancestral property on par with sons. Coparcenary property refers to the property that is inherited by a Hindu from his father, grandfather, or great-grandfather. Earlier, only sons had coparcenary rights, but with the amendment, daughters gained the same status.
Retrospective Effect: The amendment was made with retrospective effect from September 9, 2005. This means that the rights of daughters in ancestral property were recognized from the date of the amendment, regardless of when the father or other coparcener passed away.
Surviving Daughter: If a Hindu male passes away intestate (without a will) after the amendment, leaving behind surviving daughters, they will inherit the property equally with the sons. The daughters are entitled to the same share as the sons in the ancestral property.
Partition of Property: In cases where the coparcenary property is divided among the legal heirs, including daughters, they have the right to demand partition of their share. The daughters can seek partition of the ancestral property and claim their rightful share.
These amendments aimed to promote gender equality and address the historical discrimination against daughters in matters of inheritance, ensuring fair and equal rights for women in ancestral property among Hindus.