In the Vedic times, women had the liberty to exercise various privileges and
rights just like men. They were considered equal at almost all levels. There was
only one sector where women were discriminated; it was a matter of
inheritance. They were not completely excluded from the inheritance, but there
was major male dominance.
An act came out during colonial rule. It was called a Hindu Woman's Right to
Property Act, 1937. This was done to bring equality in the succession laws. This
act recognized the rights of widows. The widows of the son and grandson
respective were entitled to the property of the intestate along with the
intestate's widow.
In the case of
Dagadu Balu vs Namdeo Rakhmaji and Ors. It limited the succession
or inheritance of agricultural land for women (daughters, wives, etc.).
Initially, women could inherit land or property only if the same was mentioned
in the will, and if there was no will, they were supposed to get nothing. In the
absence of a will, the property would get divided only amongst the sons of the
intestate person.
The Hindu Succession Act is valid to the following:
- Any person who is a Hindu by religion in any of its forms or
developments including a Virashaiva, a Lingayat or follower of the Brahmo, Prarthana or Arya
Samaj.
- Any person who is Buddhist, Sikh by religion; and
- To any other person who is not a Muslim, Christian, Parsi or Jew by
religion unless it is proved that the concerned person would not have been
governed by the Hindu Law or by any custom or usage as part of that law in
respect of any of the matters dealt with herein if this Act had not been
passed.
The section also explains as to who shall be measured as
Hindus, Buddhists, Jains
or
Sikhs by religion.
A person shall be treated as a Hindu, even when he is not Hindu by religion, but
fulfills all the provisions of the Act. The Hindu law of inheritance is set out
in the Hindu Succession Act (1956) and was acclaimed as a reformative law around
then. This law furnished ladies with the privilege to acquire property but on an
unequal balance with men by and large.
Mitakashara school of Hindu law perceives a distinction between ancestral
property and self-acquired property. It likewise perceives an element by the
name of the coparcenary. Section 6 of the Hindu Succession Act speaks about
coparcenary.
It says:
Devolution of interest in coparcenary property:
- On and from the commencement of the Hindu Succession (Amendment) Act,
2005, in a joint Hindu family governed by the Mitakshara law, the daughter
of a coparcener shall:
- By birth become a coparcener in her own right in the same manner as the
son;
- Have the same rights in the coparcenary property as she would have had if she
had been a son;
- Be subject to the same liabilities in respect of the said coparcenary
property as that of a son, and any reference to a Hindu Mitakshara coparcener
shall be deemed to include a reference to a daughter of a coparcener.
In the case of a Hindu Joint Family, the framework was different and there were
gender disparities. The male members of such a joint family were supposed to
inherit the property and wealth by virtue of their birth in the family. The
females hardly got any share. Only if the male member died leaving only a female
heir behind, the female was entitled to get some part of the property but that
was too less compared to that of a male heir.
The Hindu Succession (Amendment) Act that was passed in September 2005, tried to
remove these disparities by paving the way for daughters also inheriting the
property of intestate in the case of a Hindu joint family. Despite the amended
law coming into place, it is not unusual for wedded women to surrender their
shares in the joint family or ancestral property (of their birth) in favor of
the male members, to sustain affable familial bonds. They may then challenge
such settlement or sacrifice in Indian courts in the future.
Conclusion
There are many gender disparities in the succession act and women had to face a
lot of discrimination in this sector of personal laws. Steps should be taken to
promote gender equality. In perspective on the distinctive individual laws and
innately unfair traditions set up, there is a developing uproar for a uniform
common code in India to acquire a standard arrangement of rules overseeing
progression.
A dynamic perfect will be to get place a populist structure that
gives equivalent progression rights to ladies independent of their religions and
traditions and sharpens residents on gender equality. It's high time that we get
over the old traditions that discriminate against women from exercising their
rights and start building new provisions that establish gender equality.
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