The Hindu Succession (Amendment ) Act,
2005 has been repealed, but it does not take
away the status of a coparcener conferred on a daughter giving equal
rights, with the son, in ancestral properties.
The Repealing and Amending Act, 2015,
which repeals the Hindu Succession Act (Amendment) Act, 2005, does not wipe
out the amendment to Section 6 from the Hindu Succession Act.
Section
6 of the Act remains intact.
There were confusion regarding the repealing of the (Amendment) 2005 Act in May
2015, contentions were raised in several pending partition-related litigations
that equal rights conferred on a daughter through the 2005 Act was taken away
by the repealing action of 2015. But, The 2005 amendment Act had substituted
Section 6 of the 1956 Act and hence amendment was embodied in the original Act
as it existed from 1956.
A Division Bench comprising Justice N.
Kumar and Justice G. Narendar said the “main object of the Repealing and
Amending Act, 2015, is only to strike out the unnecessary Acts and excise dead
matter from the statute book in order to lighten the burden of the
ever-increasing spate of legislation, and to remove confusion from the public
mind”.
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