Daughters’ Coparcenary Rights In India And Comparative Inheritance Law: A Study Of Gender Equality, Property Ownership, And Legal Enforcement
Kanika Raj, B.A. LL.B. (Hons.), University Institute of Legal Studies (UILS) Chandigarh University, Punjab, India
Ms. Ritu Malik, Assistant Professor, University Institute of Legal Studies (UILS) Chandigarh University, Punjab, India
ABSTRACT
The Hindu Succession (Amendment) Act, 2005 marked a significant development in Hindu succession law by recognising daughters as coparceners by birth in the same manner as sons under Section 6 of the Hindu Succession Act, 1956. This reform aimed to promote gender equality in the inheritance of Mitakshara coparcenary property. However, the legal recognition of a right does not automatically ensure its effective enjoyment. Daughters may face practical challenges arising from limited legal awareness, family pressure, disputes concerning partition, relinquishment of shares, and difficulties relating to property documentation and revenue records.
This article examines the development of daughters’ coparcenary rights, the judicial interpretation of amended Section 6, and the relevance of Articles 14, 15, 21 and 38 of the Constitution of India. It adopts a doctrinal method of legal research based on statutory provisions and judicial decisions, including Prakash v. Phulavati, Danamma @ Suman Surpur v. Amar, Ganduri Koteshwaramma v. Chakiri Yanadi, and Vineeta Sharma v. Rakesh Sharma. The article analyses the gap between legal entitlement and the effective exercise of property rights,8 particularly in relation to awareness, partition, documentation and access to legal remedies. It argues that meaningful implementation requires not only statutory recognition but also effective legal awareness, accurate property records and accessible enforcement mechanisms. The article concludes that strengthening these measures is essential to advancing substantive gender equality in property ownership.
Keywords: Coparcenary Rights, Hindu Succession Act, Gender Equality, Property Ownership, Doctrinal Research.
