The inheritance rights of women in India have evolved through centuries of patriarchal customs, discriminatory traditions, and unequal legal frameworks. However, a significant transformation occurred with the enactment of the Hindu Succession Act, 1956, which sought to codify and standardize the law of succession and inheritance among Hindus. Despite being a milestone legislation, the Act initially retained a patriarchal bias. It was only with the 2005 Amendment to the Hindu Succession Act that women were granted equal coparcenary rights in ancestral property, thereby heralding a new era in gender justice and legal equality.
Meaning of Inheritance under Hindu Law
Inheritance refers to the process through which property, titles, debts, rights, and obligations pass from one generation to another upon the death of a person. Under Hindu law, succession is divided into testamentary (through a will) and intestate (without a will) succession. The Hindu Succession Act, 1956, governs intestate succession among Hindus, Buddhists, Jains, and Sikhs.
Need for Legal Reform in Women’s Inheritance Rights
Historically, Hindu women’s rights to inherit property were severely limited. Women were considered dependents and not equal stakeholders in familial property.
The need for reform emerged due to:
- Patriarchal inheritance customs, where property devolved only upon male heirs.
- Socio-economic dependency of women on male family members.
- Lack of uniformity in customary practices across regions and castes.
- Constitutional guarantees of equality (Articles 14, 15, and 21) necessitated legal coherence.
- The global human rights framework also demanded gender justice in property rights (CEDAW ratified by India).
The Earlier Legal Position (Pre-2005 Amendment)
Before the 2005 Amendment, the law was heavily skewed in favor of male heirs, especially in the case of coparcenary property under the Mitakshara school of Hindu law.
Key points:
- Only male members of a joint Hindu family were recognized as coparceners.
- Daughters were not coparceners, meaning they had no birthright in ancestral property.
- A daughter’s rights were limited to a share in her father’s property as a Class I heir only upon his death.
- Married daughters were often excluded from practical inheritance due to societal pressure.
- In contrast, Dayabhaga school (followed in Bengal) allowed sons to inherit only after the father’s death, but daughters still had limited rights.
The Hindu Succession Act, 1956 – Key Features
The Act codified the law of intestate succession and recognized equal inheritance among sons and daughters for the first time in self-acquired property.
Major provisions:
- Applicability: Hindus, Buddhists, Jains, and Sikhs.
- Classification of heirs into Class I and Class II: Daughters were included in Class I, making them eligible to inherit equally with sons.
- No distinction between married and unmarried daughters.
- Recognized stridhan (woman’s property), which she could dispose of as per her will.
However, the Act did not give daughters coparcenary rights in ancestral property under Mitakshara law.
The 2005 Amendment: A Landmark Shift
The Hindu Succession (Amendment) Act, 2005, brought about revolutionary changes in the law of inheritance and removed the deep-rooted gender bias.
Key Changes Introduced
- Equal Coparcenary Rights:
- Daughters were declared coparceners by birth, just like sons.
- They could now demand partition, inherit ancestral property, and dispose of property by will.
- Rights Over Joint Family Property:
- Daughters were given equal rights and liabilities in the joint Hindu family property.
- Removal of Section 23:
- Earlier, it restricted female heirs from seeking partition in the dwelling house until male heirs chose to divide it. This was abolished.
- Removal of Section 24:
- Disqualified a widow from inheritance if she remarried. This was repealed as discriminatory.
- **Right to be a Karta:
- A daughter, being a coparcener, could now be the Karta (manager) of the Hindu Undivided Family (HUF).
Landmark Judgments Strengthening Women’s Inheritance Rights
- Prakash v. Phulavati (2016) 2 SCC 36
- Held that the amendment is prospective.
- Daughters could claim coparcenary rights only if both daughter and father were alive on 9.9.2005.
- Danamma v. Amar (2018) 3 SCC 343
- Contradicted Phulavati by giving coparcenary rights to daughters even when the father died before 2005.
- Caused confusion in interpretation.
- Vineeta Sharma v. Rakesh Sharma (2020) 9 SCC 1
- Constitution Bench settled the legal position.
- Held the 2005 amendment is retroactive in operation.
- Daughters have equal rights by birth, even if the father died before 2005.
- Partition need not be claimed prior to 2005 to benefit from the amendment.
Importance of the Amendment and Equal Rights
- Recognition of gender equality as a constitutional mandate.
- Economic empowerment of women by granting them access to ancestral property.
- Social justice by treating daughters on par with sons.
- Reinforces India’s obligations under international conventions like CEDAW.
- Helps in breaking the cycle of poverty among women through property ownership.
Remaining Challenges and Criticism
Despite the progressive legislation and judicial pronouncements, certain issues persist:
- Awareness among rural women remains low; they often do not claim their rights.
- Societal stigma and familial pressure discourage women from asserting property rights.
- Partition suits filed by daughters often result in lengthy litigation.
- Discriminatory customs and local laws (e.g., tribal laws) still prevail in many areas.
- Matrilineal communities like those in Meghalaya remain governed by customary practices outside the Hindu Succession Act.
Other Related Legal Provisions
- Article 14 of the Constitution: Right to equality.
- Article 15(1) & (3): Prohibition of discrimination and empowerment of women.
- Article 21: Right to life includes right to live with dignity.
- Section 6 of Hindu Succession Act, 1956: Core section amended in 2005 to give coparcenary rights.
- Dowry Prohibition Act, 1961: Aimed at discouraging dowry as a substitute for inheritance.
- Protection of Women from Domestic Violence Act, 2005: Recognizes women’s right to reside in shared household.
Suggestions for Better Implementation
- Awareness campaigns in vernacular languages to educate women about their rights.
- Legal aid cells and NGOs should proactively assist women in claiming property rights.
- Digitization of land records and family trees to avoid disputes.
- Training judicial officers and revenue officers to ensure gender-sensitive interpretation.
- School curriculum should include modules on gender rights and inheritance.
Conclusion
The journey of women’s inheritance rights under Hindu law reflects India’s gradual movement toward gender justice. The 2005 Amendment to the Hindu Succession Act stands as a monumental step in dismantling centuries-old patriarchal norms. While the law now stands firmly on the side of equality, the true success of this legal framework lies in its implementation, awareness, and societal acceptance. A society where daughters inherit equally—not just in law but in practice—is one where constitutional morality truly prevails.
CONTRIBUTED BY : ANSHU (INTERN)