Section 6 and Section 7 of Hindu Succession Act, 1956
Sections 6 and 7 deal with two distinct forms of devolution. Section 6 governs interests in a Mitakshara coparcenary and, after the 2005 amendment, gives a daughter coparcenary status by birth in the same manner as a son. Section 7 addresses succession to interests in property historically governed by specified matrilineal systems.
Updated: 27 September 2026
Section 6 - Devolution of interest in coparcenary property
Section 6 applies to a Joint Hindu Family governed by Mitakshara law. The substituted provision introduced equal coparcenary rights for daughters. A daughter of a coparcener becomes a coparcener by birth, has the same rights in coparcenary property as a son, and is subject to the same liabilities in respect of that property.
This change was made by the Hindu Succession (Amendment) Act, 2005. The current central Act can be located through India Code.
Daughter's right as a coparcener
The legal status is based on birth, not on marriage. A daughter has the same coparcenary rights as a son under Section 6. The Supreme Court in Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1, clarified that the daughter is treated as a coparcener by birth and that it is not necessary for the father coparcener to have been alive on 9 September 2005 for the daughter to claim the benefit of the substituted provision.
The right is, however, subject to the statutory protection given to certain earlier dispositions, alienations, partitions and testamentary dispositions. The effect of Section 6 must therefore be examined with the dates and nature of prior transactions in a particular family.
Devolution when a Hindu coparcener dies
Where a Hindu dies after commencement of the 2005 amendment, his or her interest in Mitakshara coparcenary property devolves by testamentary or intestate succession under the Hindu Succession Act and not merely by survivorship. For working out the deceased coparcener's share, the law uses a deemed partition immediately before death. The daughter is allotted the same share as a son for this purpose.
Section 6 also contains rules for representation where a pre-deceased son or pre-deceased daughter has left surviving children, and for further representation through a pre-deceased child of such son or daughter. These rules can affect the calculation of shares and should be applied to the actual family tree.
Earlier partitions and transactions
The 2005 amendment does not invalidate dispositions or alienations, including partitions or testamentary dispositions, that took place before 20 December 2004. Section 6 also contains a special rule concerning what qualifies as a partition for the saving provision. The Supreme Court has explained that the statutory scheme gives particular significance to a registered partition deed or a partition effected by a decree of a court, subject to the limited principles explained in the case law.
Section 7 - Devolution of interest in property of a tarwad, tavazhi, kutumba, kavaru or illom
Section 7 deals with interests held under traditional systems to which Marumakkattayam, Nambudri or Aliyasantana law would otherwise have applied. Its central rule is that, on the death of the Hindu concerned after commencement of the Act, the relevant interest devolves by testamentary or intestate succession under the Hindu Succession Act rather than under those traditional rules.
Tarwad, tavazhi and illom
For a person formerly governed by Marumakkattayam or Nambudri law, the deceased person's interest is determined by notionally dividing the relevant property per capita immediately before death among the members then living. The share so determined is treated as the deceased person's absolute share for succession purposes.
Kutumba and kavaru
For a person formerly governed by Aliyasantana law, an undivided interest in kutumba or kavaru property similarly devolves under the Hindu Succession Act. The statutory explanation uses a notional per-capita partition immediately before death to identify the deceased person's share.
Sthanam property
Section 7 also contains a specific rule for devolution of sthanam property on the death of a sthanamdar, distributing the property on the statutory per-capita basis between the relevant family members and heirs, with the resulting shares held as separate property.
Key legal terms
Coparcenary: A narrower body within a Joint Hindu Family whose members acquire an interest in Mitakshara coparcenary property by birth. Under the substituted Section 6, a daughter of a coparcener has the same coparcenary status by birth as a son.
Testamentary succession: Succession under a valid will or other testamentary disposition, subject to the applicable law.
Intestate succession: Succession under the statutory rules applicable when property is not disposed of by a valid testamentary instrument.
Notional or deemed partition: A statutory assumption of partition used to calculate the share of a deceased coparcener or member for succession. It does not by itself mean that an actual physical partition occurred.
Official law and judicial reference
For the authoritative statutory text and amendments, refer to India Code and the Hindu Succession (Amendment) Act, 2005. For the leading interpretation of substituted Section 6, see the Supreme Court judgment in Vineeta Sharma v. Rakesh Sharma.
