Section 6 of HSA : Section 6: Devolution Of Interest In Coparcenary Property

Explanation using Example

Imagine a scenario where Mr. Sharma, a Hindu man, passes away in 2021, leaving behind a daughter, Sunita, and a son, Rohit. Before the Hindu Succession (Amendment) Act, 2005, Sunita would not have been considered a coparcener and would not have an equal right to the ancestral property as Rohit. However, after the amendment, Sunita becomes a coparcener by birth, just like Rohit. Therefore, upon Mr. Sharma's death:

• Sunita has the same rights to the ancestral property as Rohit would.
• If the property is to be partitioned, Sunita is entitled to an equal share as Rohit.
• Any debts of Mr. Sharma cannot be recovered from Sunita or Rohit just because they are his children, unless the debts were contracted before the 2005 amendment and involve the pious obligation.
• If Mr. Sharma had a third child, a pre-deceased son who had a daughter, Priya, she would also be entitled to the share her father would have received if he had been alive at the time of the partition.

This change ensures gender equality in the inheritance of ancestral property, treating sons and daughters equally under the law.