• Hindu women’s inheritance rights have been limited since the start. Women were not viewed as equals to men in the past, and they did not have the same rights as males in society.
• Women were denied property rights because they were deemed incapable of participating in sacrificial rites and were not allowed to provide funeral cakes for the spiritual redemption of the common ancestor. This prohibition dates back to religious customs.

Woman’s Property Right under Mitakshara and Dayabhaga Schools

• While the Dayabhaga School was practiced across Eastern India, particularly in Bengal and Assam, the Mitakshara School was practiced throughout India, with the exception of the Eastern region.
• Women’s property rights were severely limited at Mitakshara School, where it was thought that they would never be able to become coparceners.
• The widow of a deceased coparcener was not permitted to enforce a division of her husband’s portion against his siblings, nor was she able to obtain his half.
• In contrast to Mitakshara school, Dayabhaga school was more permissive and had different views on women’s inheritance and heirs.
• o Compared to Mitakshara School, widows at Dayabhaga School enjoyed stronger property rights. They could execute a division against their deceased husband’s brothers and were entitled to inherit his portion.
• The Dayabhaga school of thought placed restrictions even if it allowed for some degree of independence. In situations where a widowed woman without sons dies, for instance, her husband’s portion is inherited by the closest male heir rather than her daughters.

Hindu Woman’s Right After the Hindu Succession Act, 1956

• In the modern era of changing standards, it is recognized that women should be given the same position and rights as males in order to promote the development of the country.
• As a result, the Hindu Succession Act, 1956 (HSA), the first significant piece of legislation acknowledging women’s property inheritance rights, was created. Since then, women’s property inheritance rights have developed.
• Section 14: A female Hindu’s property is her absolute property: (1) Any property owned by a female Hindu, whether acquired before to or following the implementation of this Act, is hers as complete ownership, not as limited ownership.
• Section 14: A female Hindu’s property is her absolute property: (1) Any property owned by a female Hindu, whether acquired before to or following the implementation of this Act, is hers as complete ownership, not as limited ownership.
• Women are granted unlimited rights over any property they own, as per the terms of Section 14 of the HSA.
• Women are granted unrestricted rights under the Act, including the ability to sell their property. Both immovable and moveable property are possible.
• Any Hindu woman can use her property without the authorization or approval of her father, spouse, or other family members thanks to Section 14 of the HSA. She can transfer her property whenever she wants and use the money that is received whatever she pleases.

Hindu Woman’s Right after Hindu Succession (Amendment) Act, 2005

· Sons had rights over the deceased father’s property prior to the Hindu Succession Amendment Act of 2005, whereas daughters could only do so while they were still single.

· The 174th Law Commission Report’s recommendations led to the passage of the Hindu Succession (Amendment) Act, 2005, which significantly altered the 1956 Act.

· Previously reserved for the male family members, married women could now inherit their father’s property.

· To put it another way, women might now enjoy equal depositionary rights to the patriarch’s property and become coparceners in a succession.

· Women can now inherit property as coparceners according to an amendment to Section 6 of the Hindu Succession Act that addresses the devolution of coparcenary property.

Section 6 of HSA

· The long-standing discriminatory practice of barring women from the coparcenary system was abolished by the 2005 Amendment, as stated in Section 6 of the HSA. It was accomplished by changing HSA Section 6.

· According to Section 6(1) of the modified HSA, a coparcener’s daughter will naturally become a coparcener in her own right, just like her sons.

· In this manner, Section 6(1) grants the coparcener’s sons and daughters equal rights and obligations.

· A portion of the coparcenary property.

· A deceased coparcener’s interest in a Hindu Undivided Family’s assets will pass through testamentary or intestate succession, per Section 6(3) of the HSA. Devolution must take place so that:

· The daughter’s share is equal to the son’s. The share of the predeceased woman coparcener

Hindu Adoption and Maintenace Act, 1956

· In addition, Section 19 of the Hindu Adoption and Maintenance Act, 1956 (HAMA) allows a daughter-in-law to demand maintenance from her father-in-law if she is unable to support herself out of her own income or assets. If she has no assets, she cannot receive maintenance from her spouse, parents, or kids.

· If the father-in-law does not possess any coparcenary property from which the daughter-in-law has not received a share, then any obligation under sub-section (1) of Section 19 as previously mentioned will not be enforceable. Additionally, any such obligation will end upon the daughter-in-law’s remarriage.

The advancement of a nation in the modern day depends on making sure that its women are not left behind. Theoretically and practically, women should have the same rights and opportunities as men. A country can only start along the path of growth when it really maintains gender equality in both concept and practice. Since the daughters now have the same birthright to the ancestral property as the sons, their interest in it is protected now that they have been acknowledged as coparceners. The father cannot deny the daughters their portion of the property by testamentary disposition.

📜 Looking you best Place for the Latest Supreme & High Court Judgments in India Whether you’re a law student, legal professional, or just someone who wants to stay informed, having the right sources⚖️

Verdictum is a leading Indian legal news portal dedicated to providing accurate and timely updates on legal developments across the country. It offers comprehensive coverage of judgments from the Supreme Court of India, High Courts, and other significant

Original Post Content Sources Here: A Critical Review of Women’s Property Rights in India