PROPERTY RIGHTS OF HINDU WOMEN IN THE CONTEXT OF HINDU SUCCESSION (AMENDMENT) ACT, 2005
There is no uniform civil code governing property rights in India. Property rights in India are governed according to the personal laws of different religion. Therefore, there is no uniform law to govern property rights of Indian woman and it differs from religion to religion. Rights of women depends upon their status in families, whether the woman is a daughter, married or widow or deserted, wife or mother. Prior to the Hindu Succession (Amendment) Act, 2005, a Hindu daughter is neither considered as a coparcener nor have right to ask for partition of the coparcenary property. An amendment was introduced in The Hindu Succession Act,1986 to bring an end to gender discriminatory provisions and give equal opportunities and status as that of a male heir to female heir to inherit ancestral property. The Hindu Succession (amendment) Act, 2005 was based upon the recommendations of 174th law commission report. This report was based upon the property rights of women under Hindu law. This report suggested the changes which need to be made for equal treatment of both the genders.
THE HINDU SUCCESSION (AMENDMENT) ACT, 2005
A Step towards Gender Neutral Laws.
Now, daughters would be coparceners by birth and would have same rights and liabilities as that of a son in the coparcenary property.
RIGHT TO ANCESTRAL PROPERTY.
An amendment was made to the section 6 of the Hindu Succession Act, 1956.
Now, In a Mitakshara Hindu Joint family, daughter of the coparcener could:
- Become a coparcener same as a son by birth.
- Will have same rights and same liabilities in the coparcenary properties as that of a son.
- According to this rule, now, women will also have a right in the coparcenary property equal to that of a male coparcener.
- If a Hindu dies, the female coparcener will get share in the joint Hindu family equal to that of a male heir.
- If a female coparcener dies before partition, then children of such coparcener would be eligible for their respective shares in the property.
It is assumed that a partition had taken place immediately before the demise of that female coparcener.
- A Daughter is entitled to ask for partition and dispose of her share in the coparcenary property at her own will.
- Female coparcener could even ask for the partition of the dwelling house where the family resides.
- Widow of a predeceased son would be eligible for share in the property of predeceased son’s family as a legal heir.
Interpretation of the Hindu Succession (Amendment) Act, 2005 through case laws.
Significance of death of the father.
In a 2015 judgment in the Prakash & Ors. v. Phulavati & Ors. (2016) 2 SCC 36, the Two-judge bench of the Hon’ble Supreme Court held
- that if the father had passed away prior to 9 September 2005 (date on which the amendment came into effect), his daughter would have no right to the coparcenary property. Therefore, if a daughter wants to claim a share in the coparcenary property, his father had to be alive till year 2005 and if he dies prior to that year, his daughter right to inherit the coparcenary property ceases.
- Court also held that the Act of 2005 is prospective in nature, which means this law is applicable only to the cases which arises after the enactment of this law.
This case narrowed the objective of gender neutrality, on the basis of which this act was drafted.
Later on, this issue was further raised and The Supreme Court held that “Death of the father is not significant to determine the shares of the daughter in the coparcenary property” in the case of Danamma @Suman Surpur & Anr v. Amar & Ors (2018) 3 SCC 343.
- “The Court held that the amended section 6 of the Act applies which gives the daughter equal coparcenary rights as that of the son even though the coparcener had died prior to the 2005 Amendment.”
- Daughter’s right to inherit coparcenary property was restored in this case irrespective of the fact that father has died before or after the enactment of the amendment in 2005.
Landmark judgement.
To resolve the differences in legal opinion, the matter was referred to a larger bench of three judges, in the case of Vineeta Sharma vs. Rakesh Sharma & Ors. (2020) SC 641, The Supreme Court gave its landmark judgment on 20 August 2020.
“Daughter is always a loving daughter for the rest of their life,” Justice Mishra said.
- The Supreme Court held that daughter would have a share equal to that of a son in ancestral property as a coparcener by the birth.
- This provision will also have retrospective effects.
- Death of the coparcener is irrelevant, whether he had died before or after the commencement of Hindu Succession (Amendment) Act 2005, daughters will have right in the coparcenary property.
Changes brought by the Hindu Succession (Amendment) Act, 2005 – to reduce gender discrimination provisions.
- Firstly, Section 23 of the Hindu Succession Act was omitted 1956. This section restricted the power of female heir seek partition of the dwelling until the male heir decides to partition.
- Secondly, Section 24 of the Hindu Succession Act 1956 was also omitted, according to this section, widow right to inherit her husband property ceases if she remarries.
CONCLUSION
The Hindu Succession (Amendment) Act, 2005 was brought in by Parliament to grant equal status and rights to female heir as that of a male heir. The main purpose behind the amendment of this act was to end gender discriminatory provisions under the Hindu Succession Act, 1956. This was the major achievement achieved in the area of property rights of a woman. This act was consistent with the right to equality provided under Article 14 of the Indian Constitution and it was implemented to achieve gender equality.