Hindu Women’s Right To Property

Advocate Praful Vashistha & Ankuri Trivedi, Allahabad High Court Lucknow Bench, Lucknow

ABSTRACT

This abstract provides an overview of the evolution of Hindu women's rights to property, focusing on the historical, legal, and legislative aspects. It begins by explaining the concept of succession in Hindu law and explores the sources of Hindu law, specifically the Yajnavalkya smriti, which is divided into the Dayabhaga and Mitakshara systems. The Mitakshara system's principles regarding ancestral and self-acquired properties are outlined, emphasizing the male-centric inheritance structure.

The narrative then traces the evolution of women's rights in India, starting with social reforms initiated by Lord William Bentinck, the Widows Remarriage Act of 1856, and the Married Women's Property Act of 1874. It highlights the pivotal Hindu Women's Right to Property Act of 1937, marking a significant step toward securing economic rights for Hindu women.

The discussion intensified with the introduction of the Hindu Succession Act of 1956, a landmark legislation that granted Hindu women absolute rights over property, challenging traditional gender norms. This Act, backed by the vision of Pandit Jawaharlal Nehru, aimed at achieving gender equality and empowering women economically.

The abstract delves into the key provisions of the Hindu Succession Act, of 1956, emphasizing the absolute property rights granted to Hindu women and their place in the heir classification. It also outlines the general rules of succession for female Hindus, clarifying the devolution process in case of intestacy.

The narrative concludes with a focus on the Hindu Succession Amendment Act of 2005, which brought about significant reforms in agricultural land transfers, recognition of daughters as coparceners, and changes in the definition of class 1 heirs. Notable cases post-amendment, such as Prakash vs. Phulavati, Danamma vs. Amar Singh, and Vineeta Sharma vs. Rakesh Sharma, are discussed to elucidate the judicial interpretation and impact of the amendment.

Finally, the abstract addresses the recent case of Arunachala Gounder vs. Punnoswamy in 2022, which solidifies the rights of daughters to inherit self- acquired property and establishes a comprehensive order of succession. The paper underscores the importance of this case as a landmark decision that completes the rights of Hindu females in succession.