As a law firm, we strive to provide comprehensive legal advice and guidance to our esteemed clients. In the context of Non Resident Indians (NRI), it is pertinent to discuss Section 6 of the Hindu Succession Act, 1956 which was amended in 2005. The aforementioned provision has far-reaching implications for NRIs who are governed by Hindu law, especially when disputes arise over inheritance and succession.
The amendment made in 2005 sought to rectify the gender-based discrimination prevalent within the Indian society by granting equal rights to daughters as that of sons in their father’s property. Prior to this amendment, daughters were only granted limited rights in ancestral property with no right over self-acquired properties.
Section six stipulates that any daughter born before or after September 9th, 2005 shall be deemed as a coparcener- meaning they have an equal share and interest as that of sons under Mitakshara coparcenary property rules.
In order to elucidate on this subject further, we can refer to various case laws where Section Six has been applied effectively:
● Danamma @ Suman Surpur v. Amar – A significant judgement passed by Supreme Court which reaffirmed daughter’s right over ancestral property
● Vineeta Sharma v Rakesh Sharma & Ors.—IN January last year another landmark judgment was passed by Supreme Court pertaining specifically about discrimination between son and daughter regarding retrospective application of Amendment Act 39/2051 stating female heirs will inherit equally like male heirs since birth—ratifying March 2018 Madras High Court order.
Additionally relevant provisions can be found within Article13 &14 related Generally Equality Before Law And Prohibition Of Discrimination along with Article15(1) prohibits all forms of discrimination including on grounds of gender under Fundamental Rights granted within Indian Constitution.
Non Resident Indians (NRIs) often face complexities while inheriting ancestral properties due to multiple factors such as conflict of laws, differences in legal systems of the country they reside in and India, as well as personal relationships between family members. Section six holds particular significance for NRIs, who may not be familiar with the intricacies of Indian succession laws.
In conclusion, it is imperative that Non Resident Indians (NRI) are cognizant of their legal rights and obligations under Hindu Succession Act in order to protect themselves from any potential disputes arising out of inheritance or succession. The amendment made to Section Six brings about a positive change by promoting gender equality in property ownership providing much needed protection and making it easier for daughters to gain what is rightfully theirs as coparceners regardless if they live abroad or within India.