GENDER JUSTICE IN HINDU SUCCESSION

In the Vedic times and the ancient ages, women had the liberties to exercise various privileges and rights just like men. In the Vedic times and the ancient ages, women had the liberties to exercise various privileges and rights just like men.

“Coparcenary is a Birthright”

As per the Hindu succession Act 1956

Section 4(2) of the Act was omitted; this Section stated that the Act shall not override the provisions of any other act. It created inequality against women by obstructing them to capacitate the agricultural land.

Section 6 of the Act creates an equal position for women by providing the right of coparcener in which a daughter of the Hindu joint family is considered as a coparcener, and they are entitled to all the rights and liabilities as a son. Further, the daughter holds the position of coparcener even after her marriage because they are provided with the right of coparcener by virtue of their birth. As of now, a woman has equal rights as men in the property of a Hindu joint family.

Section 23 of the Act was omitted as it divested the right of women to obtain a partition of the dwelling house. The provision stated that a female can dwell in the house only when she is unmarried, separated, or widowed, which creates inequality. So, this section was omitted by the amendment Act and gave women the right to the dwelling house.

Section 24 of the Act states that the widow of the predeceased son, the widow of the predeceased son, and the widow of the brother are not entitled to the share in the husband’s property if she remarries. But she deserves a share in the husband’s property, so the said section was rescinded by the Amendment Act 2005.

Section 30 of the Act of the was substituted by certain words such as “disposed of by him or her” instead of him which creates a right for women to dispose of their property.

Cases :

Prakash v. Phulavati (2016)

In this case, the decision was given by a two-judge bench headed by Justice A.K. Goel, it was held that if the coparcener (father) is died prior to 9th September 2005 (the date on which the amendment came into force), his daughter will have no inheritance right to be entitled in the coparcenary property. So, the benefit of such amendment will only be given to “living daughters of living coparceners” on 9th September 2005.

Danamma v. Amar Singh (2018)

The father need not necessarily be alive on the enactment of the Hindu Succession (Amendment) Act, 2005 for daughters to become a coparcener.

A two-judge bench headed by Justice A.K. Sikri has held that daughters could claim their coparcenary property even if their fathers were dead before the enactment of the Hindu Succession (Amendment) Act, 2005.

As these conflicting perspectives were given by the benches of equal strength, that led to the reference to the larger bench on the current case i.e., a three-judge bench in the case of Vineeta Sharma v. Rakesh Sharma (2020).

Vineeta Sharma v. Rakesh Sharma (2020)

The Supreme Court disagreed with the Prakash v. Phulavati case and agreed with the Danamma v. Amar Singh case.

The father need not necessarily be alive on the enactment of the Hindu Succession (Amendment) Act, 2005 for daughters to become a coparcener. Daughters could claim their coparcenary property even if the father were dead before the enactment of the Hindu Succession (Amendment) Act, 2005.

Supreme Court declare that a daughter’s right in coparcenary property the ancestral property of Hindu undivided family is equal to a son’s & that these rights can be claimed by the daughter even if her father had died before September 9 2005 which is the date a amended to the Hindu succession act came into effect granting daughter an equal shares.

Aishwarya Says:

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