Coparcenary Rights Of A Hindu Daughter
- IJLLR Journal
- Aug 17, 2024
- 2 min read
Pracheta Sharma, Ideal Institute of Management and Technology & School of Law (IP University)
ABSTRACT
As per the Hindu Succession Act, 1956, (as amended in 2005) any individual born in a Hindu Undivided Family becomes a coparcener by birth. Both sons and daughters are coparceners in the family and share equal rights and liabilities over the property. The succession of the property in the situation of an intestate will has been a topic leading to quarrels in the families. Taking in view, the position of succession before the 2005 amendment it is clearly highlighted that succession was a gender centric aspect. Daughters were not only denied their share but the society looked upon a daughter’s share in her
father property rightly unrecognized. They were only allowed residence and not inheritance. This points out the vivid loop holes in the societal norms. Even after the enactment of the Hindu Succession Act, 1956, the daughters were not considered coparceners unlike the sons of the family. They were allowed the right if inheritance in only the self-acquired property of the father. However, after the act was amended in 2005 and daughters were recognized as coparceners of the undivided interest but there was more to this. The daughters were only allowed to inherit the property equally as sons only if their father died after the amendment ( 9th September 2005 ). Fortunately, the latest judgement by the Honourable Supreme Court has ruled out that even if the father died before the Hindu Succession (Amendment) Act, 2005, daughters have the same rights as sons in the coparcenary property. It further stated that the amendment's rights apply to living daughters of living coparceners as of September 9, 2005, regardless of the daughters' birth dates. Due to the lack of availability of their coparcenary rights and the vagueness of their interpretation, women have been subjected to historical injustice and inequality.
Keywords: Injustice, Coparcener, Inheritance, The Hindu Undivided Family Inequality
