A Critical Study On Female Coparcenary: Its Devolution In Relation & With Respect To The Hindu Succession (Amendment) Act, 2005 And Judicial Interpretation
- IJLLR Journal
- Mar 24
- 1 min read
P. Suhruth Srivatsav, NALSAR University of Law
ABSTRACT
This research provides a comprehensive and critical analysis of the Hindu Succession (Amendment) Act, 2005 (HSAA), with a particular focus on the controversial proviso to Section 6(1)(c). The HSAA marked a transformative milestone in Hindu inheritance law by granting daughters equal coparcenary rights in ancestral property, challenging long-standing patriarchal norms. However, the proviso to Section 6(1)(c) imposes a significant limitation, barring daughters from challenging alienations or partitions made before December 20, 2004; a restriction not applied to sons. This study critiques the inherent contradictions and inequities of the proviso, highlighting its violation of constitutional guarantees of equality under Articles 14 and 16, as underscored in judicial interpretations, notably ‘R. Kantha vs. Union of India’. The analysis delves into the historical and socio-legal context of female coparcenary rights, examining the retrospective and prospective inconsistencies of the HSAA and their implications for achieving gender justice. The article evaluates how the proviso potentially perpetuates patriarchal practices by shielding pre-existing property divisions, thereby undermining the amendment’s egalitarian intent. Furthermore, the study identifies ambiguities concerning married daughters, retrospective applicability, and regional variations in inheritance laws, emphasizing the need for legislative clarity and reforms. This research underscores the HSAA’s pivotal role in empowering women while advocating for the removal of regressive provisions like the proviso to Section 6(1)(c). It concludes by recommending strengthened enforcement mechanisms, enhanced awareness, and targeted legal reforms to align the legislation fully with its objective of eradicating gender bias and promoting social equity.
Keywords: Female Coparcenary, Judicial Interpretation, Gender Discrimination, Partition, HSAA 2005, Social Reform.
