Property rights of women

In the ancient period, women were treated only as commodity and subservient to the men in the society. On the other hand, daughter did not have any right to partition and to claim share in the ancestral property since she was not a coparcener. In such circumstances, they can't demand partition of the said house unless the male members decide to partition that property. Courts have held even in the case where there is a single male member in the family, the females can't demand partition of the joint dwelling house. Mahatma Gandhi commented that Women are the "Embodiment of tolerance and patience". He went to the extent of saying that the "Extinction of women race will lead to the extinction of human race ". In view of our aforesaid discussion, in the said partition suit, share will devolve upon the appellants as well. Since, savadi died leaving behind two sons, two daughters and a widow, both the appellants would be entitled to 1/5th share each in the said property. The Hindu Succession Amended Act 2005 has removed the anomalies and accorded equal right to women along with men in the co-parcenary properties. Women need to empower and men need to be oriented about their obligations towards women. At present, daughters are not members of the coparcenary under the Hindu Mitakshara Law and therefore they are not entitled to claim partition in coparcenary property, and such exclusion of daughters has led to the creation of socially pernicious dowry system with its attendant social evils. Hence, it is clear that the right to partition has not been abrogated. The right is inherent and can be availed of by any coparcener, now even a daughter who is a coparcener. In the present case, no doubt, suit for partition was filed in the year 2002.