OneWorld.net (U.S.)

The Rajya Sabha on August 16, 2005, passed the Hindu Succession (Amendment) Bill, 2004, giving daughters and sons equal rights to property. Indian Law Minister Hans Raj Bhardwaj says that this legislation, recognising a daughter's right to inherit ancestral property was a path-breaking step towards gender equality in India.

The landmark bill, yet to be passed in the Lok Sabha, seeks to remove the discrimination contained in Section 6 of the Hindu Succession Act 1956 by giving equal rights to daughters in the 'Hindu Mitakshara Coparcenary property' as sons have.

'Daughters, irrespective of their marital status will have equal share in the inherited property, including the agricultural land and ancestral houses, and there would be no class bias in determination of their shares,' Bhardwaj said at a press conference, explaining the amendment brought in the Hindu Succession Act.

However, he said, if one of the parents had built the property and had made a will about its division among the children, the proposed law would not override the will.

The bill was backed across the political spectrum, especially women MPs, and passed by a voice vote Tuesday.

It stipulates a uniform and comprehensive system of inheritance and applies to 'every person who is a Hindu by religion in any of its forms or developments including a Virashaiva, a Lingayat or a follower of the Brahmo, Parathana or Arya Samaj.'

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