Clearing the way for married as well as unmarried women to seek partition and get benefit from a joint Hindu property, the Centre has decided to grant them the eligibility.
NEW DELHI : Clearing the way for married as well as unmarried women to seek partition and get benefit from a joint Hindu property, the Centre has decided to grant them the eligibility to avail of an oral division of estate.
Based on the law commission’s recommendation for removing discrimination among male and female members of a joint Hindu family, this decision aims to empower women to co-partner with their male family members while dividing property through oral settlements.
Analyst and senior lawyer Rakesh Khanna says by amending section 6, which deals with devolution of interest in coparcenary (partnership) property of the Hindu
Succession Act, the law commission and the Union government have together removed the stumbling block which female members in Hindu families have been experiencing.
“It’s indeed a pragmatic approach… it will also help courts in expediting the disposal of cases that involve interpretation of the section,” he says.
Parliament added sub-section (5) to the law in 2005. It’s explanation was “partition” means any partition made by the execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court. This did not include partition by oral settlement. Hence, it has been decided now to amend the “explanation” to make the law fruitful. Thus, the law would include oral partition and family arrangement.
Earlier, the government had amended the law to enable Hindu daughters to become a coparcener in her own right in the same manner as a son. A daughter will now enjoy the same rights in the coparcenary property as she would have had if she were the son.
She shall be subject to the same liability in the said coparcenary property as that of a son or her brother.
b_rakesh@dnaindia.net
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