INROADS- An International Journal of Jaipur National University
  • Year: 2017
  • Volume: 6
  • Issue: 2

Hindu women as the owner of the property: A reality or a myth

Assistant Professor, Seedling School of Law and Governance, Jaipur National University, Jaipur, Rajasthan, India, Email id: drishtiparnami1991@gmail.com

Online published on 31 August, 2018.

Abstract

Hindu Succession Act, 1956 is the Act that lays down uniform rule of succession among Hindus. The Act is governed by Mitakshara School of Hindu Law and was prejudiced towards the male lineage. But, with the change in time, legislature felt that the Act should be amended and women shall be made the coparceners in the joint family property. This led to the 2005 amendment, and with this, daughters can now be the coparceners. Earlier, it was only the males of the joint family that could be part of the coparcenary property. The paper talks about the basic features of the Act; thereafter, it discusses the brief background as to how the Act has evolved and has taken up this present shape. Further, it would deal with the ownership status of a Hindu woman in the property, as by amending Section 6 and making daughters as coparceners in the property, it seems that the legislature has made the Act just and fair towards both the genders. Through this essay, author would critically analyse the rights of the Hindu women as the owner of the property and would discuss the provision that should be amended to make the Act just, not only towards the women but towards the men, as the aim of any law is to create equality and not just to uplift one section of the society at the stake of another.

Keywords

Hindu succession law, Coparceners, Mitakshara school, Property rights, Women rights