5. Hindu Succession (Andhra Pradesh Amendment) Act, 1986 | Daughters as Coparceners Before 2005

This is the 5th post in Unit V — the earlier posts covered the Hindu Succession Act, 1956 and the central 2005 Amendment; this post covers the earlier law that Andhra Pradesh passed on its own, which the syllabus names separately.

The Problem This Topic Solves

Under the old Mitakshara law, only sons were coparceners by birth. A daughter had no birthright in the family's coparcenary property. The Andhra Pradesh Legislature acted on this in 1986, almost twenty years before Parliament did, and gave daughters a birthright in the State. Students need to know what that law said, how it differs from the 2005 central law and why it matters in Andhra Pradesh and Telangana.

Background and Commencement

The Hindu Succession (Andhra Pradesh Amendment) Act, 1986 (Act 13 of 1986) amends the Hindu Succession Act, 1956 as it applies in Andhra Pradesh. The President gave assent on 16 May 1986. The Act is deemed to have come into force on 5 September 1985.

Its preamble gives the reasons. Excluding the daughter from coparcenary ownership only because of her sex is contrary to the Fundamental Right of equality before law. The exclusion also led to the "socially pernicious dowry system", and positive measures were needed to remove it and improve the condition of women.

The Act inserted a new Chapter II-A, with Sections 29A, 29B and 29C, into the central Act.

Section 29A: Daughter as Coparcener

Section 29A applies despite Section 6 of the central Act and says:

1. Coparcener by birth (clause i) — in a joint Hindu family governed by Mitakshara law, the daughter of a coparcener becomes a coparcener in her own right by birth, in the same manner as a son. She has the same rights in the coparcenary property as a son, including the right to claim by survivorship, and is subject to the same liabilities and disabilities.
2. Equal share on partition (clause ii) — at a partition, the coparcenary property is divided so as to give a daughter the same share as a son. If a son or daughter has died before the partition, that person's share goes to his or her surviving child, and if that child is also dead, to that child's children.
3. Holding with coparcenary incidents (clause iii) — property a female Hindu gets under clause (i) is held with the incidents of coparcenary ownership, but she can dispose of it by will or other testamentary disposition.
4. Exception (clause iv) — clause (ii) does not apply to a daughter married before the commencement of the Act, or to a partition effected before the commencement.

Section 29B: Death of a Female Coparcener

When a female Hindu dies after the commencement of the Act, holding an interest in Mitakshara coparcenary property, her interest passes by survivorship to the surviving members of the coparcenary, not by succession under the Act. There is an important proviso. If she leaves a child, or a child of a pre-deceased child, her interest passes by will or intestate succession under the Act instead. Her interest is deemed to be the share that would have been allotted to her if the property had been partitioned immediately before her death, whether or not she could have claimed partition.

Section 29C: Preferential Right

Section 29C gives a preferential right to acquire certain property in specified cases, where, after the commencement of the 1986 Act, an interest in immovable property of an intestate or in a business is involved.

The 1986 State Law and the 2005 Central Law

The 2005 central law is now the main law across India. The 1986 Act matters for the history of the reform, and for deciding rights in Andhra Pradesh and Telangana between 5 September 1985 and 9 September 2005.

• The Hindu Succession (Andhra Pradesh) Amendment Act, 1986 inserted Chapter II-A (Sections 29A, 29B, 29C), deemed in force from 5 September 1985.
• Section 29A(i): the daughter becomes a coparcener by birth, like a son, with the same rights and liabilities.
• Section 29A(ii): equal share on partition; a share of a pre-deceased child passes to that child's children.
• Section 29A(iv): the equal share on partition does not apply to a daughter married before the commencement or to a partition made before it.
• Section 29B: a female coparcener's interest passes by survivorship, except that it passes under the Act if she leaves a child or a child of a pre-deceased child.
• The 2005 central Amendment later gave daughters the birthright across India.

• The preamble links the reform to equality before law and the fight against the dowry system.
• The Andhra Pradesh Reorganisation Act, 2014 continued existing laws in both successor States, so the 1986 Act continues in Telangana.
• Exam trap: Andhra Pradesh gave daughters the birthright first (1986); Parliament extended it to all of India in 2005.

A Practical Example

In 1990, a Mitakshara coparcener in Andhra Pradesh has an unmarried daughter and a son. Under Section 29A, the daughter became a coparcener by birth, so at a partition she gets the same share as her brother. A daughter who had already been married before 5 September 1985 would not get the equal-share benefit of clause (ii). After 2005, the central law gives the same birthright to daughters across India.

Quick Revision Points

• Act 13 of 1986; deemed in force from 5 September 1985; Chapter II-A inserted into the Hindu Succession Act, 1956.
• Section 29A: daughter coparcener by birth; equal share; coparcenary incidents but can be disposed of by will; exception for daughters married before commencement.
• Section 29B: devolution on death of a female coparcener; Section 29C: preferential right.
• Later: 2005 central Amendment (Section 6); Vineeta Sharma (2020).