Question

By a recent amendment the daughter of a coparcener by birth becomes a coparcener in her own right in the same manner as the son - Which Amendment?

• A. The Hindu Succession (Amendment) Act, 2004
• B. The Hindu Succession (Amendment) Act, 2005
• C. The Hindu Succession (Amendment) Act, 2006
• D. The Hindu Succession (Amendment) Act, 2012

Hint:

The year \textbf{2005} is a landmark year for Hindu succession law. Always associate it with daughters gaining equal coparcenary rights as sons. This is a very frequently tested topic.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The question asks to identify the specific amendment to the Hindu Succession Act, 1956, that granted daughters the right to be coparceners by birth in Hindu Undivided Families (HUF) governed by Mitakshara law.
Step 2: Detailed Explanation:
Originally, under the Mitakshara school of Hindu law, only male descendants of a common ancestor could be coparceners. A coparcenary is a smaller group within a joint family that has a right by birth in the joint family property. Daughters were members of the joint family but not coparceners.
This position was radically changed by the Hindu Succession (Amendment) Act, 2005. This amendment amended Section 6 of the Hindu Succession Act, 1956.
The key provision of the 2005 amendment states that the daughter of a coparcener shall:
(a) by birth become a coparcener in her own right in the same manner as the son;
(b) have the same rights in the coparcenary property as she would have had if she had been a son.
This was a monumental step towards gender equality in property rights under Hindu law.
Step 3: Final Answer:
The amendment that made daughters coparceners by birth was the Hindu Succession (Amendment) Act, 2005. Therefore, option (B) is the correct answer.