Report No. 207

Proposal to Amend Section 15 of The Hindu Succession Act, 1956 in Case a Female Dies Intestate Leaving her Self Acquired Property with no Heirs

1. Introduction

1.1 The Hindu Succession Act, 1956 is a part of the Hindu Code which includes the Hindu Marriage Act, 1955 Hindu Adoptions and Maintenance Act, 1956 and the Hindu Minority and Guardianship Act, 1956. These Acts brought revolutionary changes in the law relating to Hindus. It codified the law relating to marriage, succession, adoption etc.

1.2 The Hindu Succession Act made a revolutionary change in the law relating to succession especially for female Hindus. For the first time, a Hindu female could become an absolute owner of property. She could inherit equally with a male counter-part and a widow was also given importance regarding succession of her husband's property as also to her father's property. The Hindu Succession Act was amended in 2005 to provide that the daughter of a coparcener in a joint Hindu family governed by the Mitakshara Law, shall, by birth become a coparcener in her own right in the same manner as the son, having the same rights and liabilities in respect of the said property as that of a son (see Section 6 of the Act).