Gender Justice And Property Rights: A Critical Analysis Of Female Intestate Succession Under Hindu Law

Abstract

Inheritance laws play a crucial role in determining the distribution of property and the economic security of individuals within a family. In India, the evolution of inheritance laws has been significantly influenced by religious traditions, customary practices, and patriarchal social structures. Historically, Hindu succession laws were deeply rooted in ancient religious texts such as the "Manusmriti, Yajnavalkya Smriti, and Narada Smriti", which mainly favoured a male-centric system of property inheritance. Women were generally excluded from ownership of ancestral property and were often treated as dependents within the family structure. The enactment of the "Hindu Succession Act, 1956" made significant development of Hindu inheritance law, granting women ownership rights over property and introducing a more uniform system of inheritance. However, the original framework of the Act continued to reflect certain gender disparities, particularly with respect to coparcenary rights and the devolution of property inherited by Hindu females. Subsequent legal reforms, particularly the "Hindu Succession (Amendment) Act, 2005", aimed to address these inequalities by granting daughters equal coparcenary rights in joint family property. Despite these reforms, complexities remain regarding the devolution of property inherited by Hindu females from various sources, such as their father, mother, husband, or father-in-law. This research paper adopts a doctrinal approach to examine the legal principles governing the succession of property inherited by Hindu females. It analyzes the statutory provisions, historical evolution, and judicial interpretations of succession laws while evaluating their impact on gender justice and women’s property rights in India. The study seeks to determine whether the current legal framework effectively promotes equality or whether certain provisions continue to perpetuate patriarchal norms within inheritance law.