NAME- Aryaman Gupta

SUBJECT- Term V Project Synopsis

COURSE- IPL

YEAR- 2nd Year

SECTION- A

FACULTY- Dr. Shweta Ahlawat

Contents
INTRODUCTION.....................................................................................................................................3
STATEMENT OF PROBLEM.....................................................................................................................4
RESEARCH METHODOLOGY..................................................................................................................5
RESEARCH OBJECTIVES..........................................................................................................................5
LIMITATION OF THE RESEARCH PAPER..................................................................................................5
LITERATURE REVIEWS...........................................................................................................................5
Antiquity and Rigvedic Period..........................................................................................................6
The Dharmashastras and the Smritis................................................................................................7
The Medieval Period and the Influence of Islamic Law....................................................................8
The Colonial Period and the Introduction of British Law.................................................................9
Current Laws and Developments regarding property rights of daughters.....................................10
Contemporary issues and Debates.................................................................................................11
Conclusion.......................................................................................................................................12
INTRODUCTION
The property rights of Indian women, like those of women in other countries, have developed
through a battle between traditional and progressive forces. Despite advancements made in
the last century, Indian women still have unequal and unjust property rights compared to men,
both in terms of the amount and quality of property they own. Hindu women have faced
limitations on their inheritance rights since ancient times in India. According to the ancient
text Manusmriti, a woman is dependent on a male guardian throughout her life, first her
father, then her husband, and finally her sons. However, this was not always the case and
women were able to inherit property, both movable and immovable, from their ancestral and
marital families. Hindu women's share of property ownership has been historically lower
compared to that of their male counterparts.1

Indian women's property rights are unique due to the division among them, caused by the
lack of a uniform civil code in India. This is due to the country's diverse religions and its
failure to implement a uniform code. Instead, each religious community is governed by its
own personal laws, including property rights. These laws vary even within different religious
groups, and include different codes for Hindus, Sikhs, Buddhists, Jains, Christians, and
Muslims, as well as tribal customs for tribal women.2

During the Vedic era, women had a higher status compared to later times. They were highly
respected and had significant rights and privileges, often viewed as a goddess. While the birth
of a girl was not necessarily celebrated, she was not . After marriage, she was considered part
of her husband and played a key role in religious events. Women shared equal rights and
responsibilities with their husband in the household, but did not usually have the right to
inherit property.3

According to Vedic literature, unmarried daughters and married daughters without brothers
were entitled to inheritance, while sisters with brothers were not. As the idea of private
property developed, the status of women declined. The perception of women as physically
weak and incapable of performing religious duties contributed to their inferior status.

1
https://www.womenslinkworldwide.org/files/1290/los-derechos-de-propiedad-de-las-mujeres-en-la-india-
solo-en-ingles.pdf
2
Women as Coparceners: Ramifications of the Amended Section 6 of the Hindu Succession Act, 1956 on JSTOR
3
https://www.jstor.org/stable/25654333
“Baudhayana”, the founder of one of the schools of “Yajurveda”, excluded Hindu women
from inheritance

Over time, restrictions on women's property rights have evolved, and current laws are more
progressive than ancient Hindu laws. In patriarchal Hindu society, women were given
property referred to as stridhan, which primarily consisted of gifts received during marriage,
such as clothing, jewellery, and in some cases, land. However, women were not allowed to
inherit ancestral or marital land property and their rights to the succession of family land
property were limited. With the development of various schools of Hindu law, the definition,
and legal implications of stridhan expanded, granting women increased rights to certain types
of property.4 In the late 19th and 20th centuries, various laws were enacted to reduce
hindrances to Hindu women's complete and equal property rights. The Hindu Succession Act
of 1956 grants equal inheritance rights to both sons and daughters in the case of intestate
succession, meaning that the property of the deceased father will be distributed equally
among all children. However, this act did not change the concept of joint family property. A
woman's limited estate may still be created through a will. Recently, in Hindu Succession
(Amendment) Act, 2005 largely eliminated gender discrimination in Hindu inheritance laws. 5

India, with its rich cultural heritage, has been known to be a patriarchal society. The concept
of property ownership has always been dominated by male members of a family, leaving
women with limited rights. However, with the introduction of various legal reforms over the
years, the property rights of daughters in India have evolved considerably. In this article, we
will explore the laws governing property rights of daughters, their rights in parental property,
how these rights have evolved over time, and examine case studies and examples that
illustrate the current situation.

This article explores the evolution of Hindu daughter’s succession rights from antiquity to the
current era. It also examines Hindu daughter's current status as property owners. Also, this
paper put some focus on the rights of women in Muslim Law.

STATEMENT OF PROBLEM
The constitutional protection of property rights for Indian women is not absolute and these
rights can be discriminatory and unjust. Despite the guarantee of equality and fairness in the
constitution, the Indian courts have generally not scrutinized personal laws for their
4
https://www.jstor.org/stable/43951878
5
https://www.jstor.org/stable/43951878
constitutionality, leaving it up to the legislative to determine when to implement a uniform
civil code as outlined in Article 44 of the Constitution.

RESEARCH METHODOLOGY
The research methodology used in this paper is doctrinal based. The references of various
articles, case laws, journals, research papers, etc. has been taken by the author for collecting
the information.

RESEARCH OBJECTIVES
Following are the objectives of this research-

1) To know about the status of Hindu daughter regarding her succession right in past era

2) What are the changes occurring in the succession rights of daughters from past era to
present era?

3) What are the current laws regarding to save the coparcenary rights of daughters?

LIMITATION OF THE RESEARCH PAPER

LITERATURE REVIEWS
 Women as Coparceners: Ramifications of the Amended Section 6 of the Hindu
Succession Act, 19566

This is an article which is written by Shivani Singhal. The objective of this paper is to
investigate the numerous facets of this breakdown of the gendered character of coparcenary
rights. Section II places the Women's property rights historically speaking. It charts the
development of the gendered idea of right by birth and shows how the addition of daughters
as coparceners transformed it into a gender-neutral idea. Part II examines the effort made by
several State Legislatures to provide daughters coparcenary powers and the flaws that were
evident therein. Part III examines the effects of comparable modifications made by the
Parliament through the alteration of section 6 of the HSA, with a focus on the effects on ideas
like religious obligation, female intestate succession reunion, and other notions. Part IV
addresses the complaints of this provision, while Part V discusses the practicality of such a
6
Women as Coparceners Ramifications of the Amended.pdf
policy in comparison to other options, such as abolishing the joint family structure. The
article's conclusion offers some recommendations for changing the HSA to address the
anomalies.

 PROPERTY RIGHTS OF HINDU WOMEN: A FEMINIST REVIEW OF

This is an article which is written by Debarati Haider and K. Jaishankar . The authors wrote this
article from a feminist standpoint, this article critically analyses the evolution of Hindu
women's succession rights from the ancient to the present day. It also examines Hindu
women's current status as property owners. There are three sections to the article. The first
section investigates how Hinduism's sociocultural and religious influences shaped ancient
concepts like stridhan and Hindu women's rights to succession. The situation of Hindu female
heirs during the Middle Ages is covered in the second section. The final section examines
colonial laws and regulations defending women's property rights as well as the evolution of
the stridhan concept into contemporary inheritance laws.

Antiquity and Rigvedic Period

In ancient Hindu society, inheritance laws were based on the concept of patrilineality, where
only male descendants had the right to inherit property and wealth. Women were considered
to be dependent on male family members and did not have any independent rights to
property. However, there were some exceptions to this rule in certain regions and
communities. The ancient Hindu society, inheritance laws were primarily based on the Vedas,
the oldest sacred texts of Hinduism. The Vedas prescribed that a man’s property should be
inherited by his sons and grandsons, and in the absence of male heirs, by his brothers or other
male relatives. Daughters were not given any share in the inheritance, and their role was
primarily limited to that of caretakers of their father’s household.

The Rig Veda, one of the oldest Hindu texts, provides some insights into the inheritance
practices of the period. It suggests that daughters were given dowries at the time of their
marriage, which could include property and other valuable assets. However, these dowries
were considered to be gifts and did not confer any independent rights to the daughters.

7
file:///C:/Users/Aryaman%20Garg/OneDrive/Desktop/Women%20as%20Coparceners_%20Ramifications
%20of%20the%20Amended.pdf
Rather, the gifts were meant to support the daughters and their husbands in the early years of
their marriage.

The Rig Veda also mentions the practice of adoption, where a sonless man could adopt a son
to ensure the continuation of his lineage and inheritance. The adopted son would be
considered a legal heir and would inherit the property and wealth of the adoptive father.
However, there is no mention of adoption of daughters in the text, suggesting that daughters
did not have any legal rights to inheritance.

Overall, the antiquity and Rig Vedic period of Hindu society was characterized by patrilineal
inheritance practices and limited rights for women. However, there were some exceptions and
variations in the inheritance practices across different regions and communities.

The Dharmashastras and the Smritis

The Dharmashastras and the Smritis are ancient Hindu legal texts that provide detailed
guidelines on inheritance practices and other aspects of family law. These texts were written
between the 2nd century BCE and the 7th century CE and represent a significant
development in the evolution of Hindu legal traditions.

The Dharmashastras and the Smritis continue to be a significant source of guidance for many
Hindu communities, particularly in matters of inheritance and succession. However, these
texts are not uniform in their treatment of women's inheritance rights. Some texts, such as the
Manusmriti, restrict women's inheritance rights, while others, such as the Yajnavalkya Smriti,
provide more liberal interpretations.

Manusmriti and Daughters’ Inheritance the Manusmriti, a Hindu legal text written around
200-300 BCE, further reinforced the exclusion of daughters from inheritance. According to
the Manusmriti, a daughter was entitled to receive only a small portion of her father’s
property, usually in the form of a dowry. This dowry was intended to provide for her in case
of her husband’s death or in case she remained unmarried.

The Mitakshara School and Coparcenary Rights In the medieval period, the Mitakshara
School of Hindu law emerged, which allowed for the concept of coparcenary, or joint family
ownership of property. Under this system, all members of a joint family, including daughters,
had equal rights to ancestral property. However, daughters could not inherit self-acquired
property of their fathers, and their rights were often curtailed by the system of dowry.

According to the Manusmriti, a woman's property should be inherited by her son or grandson,
or failing that, by her husband's family. The text also suggests that a woman's property should
not be divided equally among her children, but rather in a way that ensures the continuation
of the family line. Furthermore, the text restricts women's right to sell or dispose of their
property without the permission of their male family members.

On the other hand, the Yajnavalkya Smriti provides a more liberal interpretation of women's
inheritance rights. It suggests that daughters should have equal rights to inherit property
alongside their brothers, and that a woman's property should be divided equally among her
children.

Despite the varying interpretations and practices across different communities, the
Dharmashastras and the Smritis represent a significant step towards a more formalized legal
system in ancient Hindu society. However, these texts also reflect the patriarchal attitudes
and norms of the time, which restricted women's rights to property and inheritance.

The Medieval Period and the Influence of Islamic Law

The medieval period in India saw the arrival and spread of Islamic influence, which had a
significant impact on Hindu inheritance practices. Islamic law, or Sharia, provided a more
comprehensive and structured framework for inheritance rights, which contrasted with the
more flexible and variable practices of Hindu society.

Under Islamic law, daughters were entitled to inherit from their fathers, brothers, and other
close male relatives. The share of inheritance was fixed and based on a strict formula, which
ensured that all eligible heirs received a fair and equitable share. Islamic law also provided
for the inheritance of widows and other female relatives, who were often left vulnerable in
traditional Hindu inheritance practices.

The influence of Islamic law on Hindu inheritance practices is evident in the emergence of
the Marumakkathayam and Aliyasantana systems in certain regions of South India. These
systems allowed for women to inherit property and pass it on to their daughters, which was
not possible under traditional Hindu law. The Marumakkathayam system, in particular,
provided for the matrilineal inheritance of property and wealth, where women were the
primary owners and administrators of family assets.

The impact of Islamic law on Hindu inheritance practices was not uniform across different
regions and communities. However, the influence of Islamic law did pave the way for more
structured and equitable inheritance practices, which included greater recognition and
protection of women's inheritance rights.

The Colonial Period and the Introduction of British Law

The colonial period in India saw the introduction of British law, which had a significant
impact on Hindu inheritance practices. The British colonial government sought to bring about
legal reforms that would modernize Indian society and promote greater gender equality.

One of the key legal reforms introduced by the British was the Hindu Succession Act of
1956, which provided for equal inheritance rights for daughters and sons. Under the Act,
daughters were entitled to inherit property alongside their brothers, and the share of
inheritance was determined by the value of the property and the number of eligible heirs.

The Hindu Succession Act was a major milestone in the evolution of Hindu inheritance
practices, as it abolished the discriminatory and patriarchal practices that had existed for
centuries. The Act also recognized the importance of protecting women's inheritance rights
and promoting gender equality, which reflected the changing social and cultural attitudes of
the time.

However, the implementation of the Hindu Succession Act was not without its challenges.
Many families continued to follow traditional customs and practices, which limited women's
inheritance rights and reinforced patriarchal attitudes. The Act also faced resistance from
some conservative elements of society, who saw it as a threat to traditional values and
practices.

Despite these challenges, the Hindu Succession Act represented a significant step towards
more equitable and just inheritance practices in Hindu society. It also paved the way for other
legal reforms that sought to promote gender equality and protect women's rights in various
aspects of Indian society.
Current Laws and Developments regarding property rights of daughters

In recent years the Indian legal system recognizes the equal rights of daughters to inherit
property. The Hindu Succession Act, 19568, governs the laws pertaining to the inheritance of
property by Hindu families in India. This act was amended in 2005 to grant equal rights to
daughters in ancestral property.

This is the most significant developments which brought about major changes to the Hindu
Succession Act of 1956. The amendment to the act in 2005 ensures that daughters are now
considered coparceners in the same manner as sons. As a result, daughters are now entitled to
an equal share in ancestral property, and they have the same right to partition the property as
their male counterparts. The amendment applies retrospectively, meaning that it applies to all
Hindu families, including those that were governed by the original act.

Prior to this amendment, daughters were not considered as coparceners (joint heirs) and had
limited rights in ancestral property. Section 14(1) of the Hindu Succession Act, 1956 says
that “Any property possessed by a female Hindu, whether acquired before or after the
commencement of this Act, shall be held by her as full owner thereof and not as a limited
owner.”9 But the Amendment Act removed several discriminatory provisions that had
previously limited women's inheritance rights, including the exclusion of daughters from
certain types of property and the restriction on their right to inherit ancestral property.

The Amendment Act also provided for the equal right of daughters to inherit from their
fathers, regardless of whether the father was alive at the time of the daughter's birth. This
provision addressed a long-standing discrimination against daughters who were born before
the Hindu Succession Act of 1956 and were excluded from inheritance rights under the
previous laws.

In addition to the Amendment Act, there have been several court rulings and legal precedents
that have further expanded and clarified the inheritance rights of daughters and other female
relatives. These rulings have recognized the importance of protecting women's inheritance
rights and promoting gender equality, and have paved the way for more just and equitable
inheritance practices in Hindu society.

9
Despite these developments, there are still significant challenges and obstacles to the full
realization of women's inheritance rights in Hindu society. Traditional customs and practices,
as well as patriarchal attitudes and beliefs, continue to limit the inheritance rights of women
in many parts of India. However, the continued efforts of legal and social activists, as well as
the evolving cultural and social attitudes, provide hope for the continued progress towards
greater gender equality and justice in Hindu inheritance practices.

In January 2022, the Supreme Court made a ruling in the case of Arunachala Gounder
(deceased) vs. Ponnuswamy10. The court held that when a Hindu man dies without leaving a
will, his self-acquired property will be inherited by his heirs rather than being passed down
through succession. Furthermore, his daughter will have the right to inherit both his self-
acquired property and any property obtained through the partition of family or coparcenary
property. The court also stated that if a woman dies without leaving a will, any ancestral
property she inherited from her father will go to her father's heirs, and any property she
inherited from her husband's family will go to her husband's heirs if she has no children.11

The court explained that the purpose of Section 15(2) of the Hindu Succession Act 1956 was
to ensure that when a female Hindu dies without children and without a will, her inherited
property goes back to the source. The verdict established a succession plan based on the "law
of proximity" and the entitlement of the sole surviving daughter to her father's separate
property, which dates back to before the Hindu Succession Act 1956.

In the case of Vineet Sharma vs. Rakesh Sharma & Ors., which was heard on August 11,
2020, the Supreme Court clarified that a Hindu woman is entitled to be a joint legal heir and
receive inheritance rights equivalent to those of male heirs.

Contemporary issues and Debates

While significant progress has been made in recent years towards promoting gender equality
and protecting women's inheritance rights in Hindu society, there are still several
contemporary issues and debates that need to be addressed.

One of the main issues is the persistence of traditional customs and practices that continue to
limit the inheritance rights of women. In many parts of India, women are still excluded from
10

11
inheriting certain types of property, or their inheritance rights are restricted based on their
marital status or other factors. This reinforces patriarchal attitudes and beliefs, and limits
women's economic and social empowerment.

Another issue is the lack of awareness and knowledge among women about their inheritance
rights. Many women in India are not aware of the legal provisions that protect their
inheritance rights, or they lack the resources and support to exercise those rights. This
highlights the need for greater education and awareness-raising efforts, as well as the
provision of legal and social support services for women.

There are also debates about the role of the state and the legal system in promoting gender
equality and protecting women's inheritance rights. Some argue that legal reforms alone are
not sufficient to bring about real change, and that broader social and cultural changes are
needed to shift patriarchal attitudes and beliefs. Others argue that the state has a responsibility
to actively promote gender equality and protect women's rights, including through legal and
policy reforms.

Despite these challenges and debates, there is growing recognition of the importance of
protecting women's inheritance rights and promoting gender equality in Hindu society. The
continued efforts of legal and social activists, as well as the evolving cultural and social
attitudes, provide hope for the continued progress towards greater justice and equality in
inheritance practices.

Conclusion

The evolution of Hindu daughter's succession rights has been a long and complex process,
spanning several centuries of legal and cultural change. From the early Vedic period to the
modern era, there have been many significant developments in Hindu inheritance practices
that have expanded and strengthened the inheritance rights of daughters and other female
relatives.

While there have been many challenges and obstacles to the full realization of women's
inheritance rights, including the persistence of patriarchal attitudes and customs, there have
also been significant gains and progress towards greater gender equality and justice. Legal
reforms, court rulings, and social and cultural changes have all contributed to this progress,
and provide hope for continued progress in the future.
However, there is still much work to be done to fully realize women's inheritance rights and
achieve gender equality in Hindu society. This will require sustained efforts from legal and
social activists, as well as broader social and cultural changes that challenge and transform
patriarchal attitudes and beliefs.

Ultimately, the goal of promoting women's inheritance rights and gender equality in Hindu
society is not only a matter of legal and social justice, but also of economic development and
social progress. By ensuring that women have equal access to inheritance and property rights,
we can empower them to fully participate in economic and social life, and contribute to the
development and prosperity of their families and communities.