As a law firm, we would like to provide an informative and detailed opinion on Section 6 of the Hindu Succession Act, 1956. This section deals with the devolution of interest in coparcenary property and confers equal rights on sons, daughters, and their descendants to inherit ancestral property.
The provision is crucial as it marks a significant shift towards gender equality in terms of inheritance laws. Before this amendment was introduced, only male heirs could claim a share in coparcenary properties. However, with the introduction of Section 6 into the act, women were given equal status as male heirs when it comes to inheriting ancestral property.
Moreover, The Supreme Court has time and again stressed upon the importance of interpreting these provisions liberally so that gender equality can be achieved through this act. In Jaimala vs State of Haryana (2014), for instance ,the Court held that Articles 14 and 15(1) under Part III of our Constitution prohibit discrimination against daughters over matters involving succession to coparcenary rights.
Additionally ,in Prakash v Phulavati (2015), another landmark judgement by the Supreme Court upheld an earlier decision allowing females born before September 9th ,2005 (when amendment came)to avail themselves of its benefits retrospectively.
It should be noted here that Non-Resident Indians(NRIs) are also covered under this act since they fall within its ambit due to being Hindus domiciled outside India .In addition,NRI’s can also obtain legal services from Indian lawyers for suitably representing their interests in court proceedings relating to their claims over ancestral properties or partition suits filed by co-sharers without having any undue interference from personal local laws governing such disputes .
Further covering NRIs related aspects,the Supreme Court observed how “it may not always be feasible”for non-resident Indians seeking partition suits or claiming shares concerning ancestral properties located in India “to come personally and attend court proceedings in India.” Thus, the Court has allowed for such cases to be conducted through video conferencing or e-mail exchanges.
In conclusion, Section 6 of The Hindu Succession Act is a highly significant provision that has been widely acknowledged as a step towards gender equality in matters of inheritance. It provides equal rights to both sons and daughters to claim their share from coparcenary properties. Moreover, it also applies explicitly to NRIs who are Hindus domiciled outside India .Enforcing these provisions in partition/inheritance disputes stands as critical task before Indian Courts especially when complex issues concerning jurisdiction and cross-border implications arise due to dispute being between an NRI and resident Indians co-sharer’s involving ancestral property located within territorial boundaries of Indian Republic