Analysis On Rules Of Succession In Case Of Female Hindu

lpesh Subhash Yadav, Shree L R Tiwari College of Law

ABSTRACT

Which means, where women are respected, divinity thrives, and wherever they are disrespected, even the most virtuous deeds remain barren.

The legal position regarding the succession rights of female Hindus in India has witnessed considerable development, reflecting a composite relationship between traditions and reforms. Traditionally, property succession was trapped in male-controlled norms, limiting female privileges. The shift towards reforms against this position began with enactment of the Hindu Succession Act (HSA) of 19561, which codified heritage laws but still somewhat failed to provide equal positions to daughters with sons with respect to ancestral properties.

The 2005 amendment2 to the HSA marked a significant shift, giving daughters the same rights as sons to ancestral property by recognizing them as coparceners. This amendment also updated the rules for how a female Hindu's property is passed on if she doesn't leave a will. However, while the law has advanced, real- world challenges persist. Societal norms, lack of knowledge, and issues with property records often hinder the actual exercise of these rights.

This paper tries to explore the evolution of these inheritance rules, from their historical roots to present-day challenges and implications, providing insight into the position of Hindu women in India's inheritance landscape.