Priyanka Kumari, LLB Graduate, Jindal Global Law School, JGU
ABSTRACT
This essay outlines Hindu law's coparcenary property succession process. The Hindu Succession Act, 1956's history is discussed, along with how it infringes on the fundamental right of women, that is the right to equality which is provided by Article 14 of the Constitution of India. This paper also discusses the prejudice women encounter because of their gender. It talks about how laws have evolved over time in reference to the rights of women in coparcenary. It has also been argued that case law is essential to comprehending the effects of the Amended Act, 2005 of Hindu Succession Act, 1956.
The progress of a daughter's property rights in Hindu law is covered in this study paper. Property is the ancestral possessions acquired by Coparceners through the coparcenary idea. The concept of Streedhan is eliminated from the definition of property since the Streedhan rights and ancestral property rights obtained by coparcenary are two different things, and this difference will be covered in more detail in the paper. It begins with the privileges that daughters experienced during Mitakshara's rule in antiquity and continues through modern times to the current decade of the twenty-first century.
Apart from the times throughout the Vedic era, it is obvious that women were not treated equally to males from the beginning of time. They were thought to be less responsible, making them more prone to not being able to care for their property. They weren't given ownership of the property because of this. However, as time went on and ideas of equality and anti-discrimination laws gained ground, it became clear that daughters too needed to have the same property rights as males. As a result, developments in Hindu property and succession rules emerged, which will be covered in more detail. Keywords: Daughter’s Property Rights, Evolution, Coparcenary, Equality
