PREFACE
Women, in every culture, tradition, religion have always been a very important part of the world's history. Though not treated with respect most of the time in the past, and being underprivileged in the society, there has been progression in the way people treat women, as well as how they view them as a part of the society and also the rights given to them. Through the different rights given to them, now, in today's times, they are finally viewed as equal citizens when compared to men. In this article, the progressive realisation of one of the most important rights given to women, that is, the hindu women property rights, will be discussed here. The multiple laws provided by the Indian legislation to hindu women in order to protect their property rights are-
1.1 The Hindu Law of Inheritance (Amendment) Act 1929
This was one of the very first acts made on the basis of property that was somewhat mentioned for women. This act was made to alter the order in which the succession of the estate would be taken over after the death of the Hindu male. This act was passed by the Indian legislation and received the assent of the Government General in February 1929 as mentioned in the document. This act mainly comprehends 2 factors. The first factor being that this act extends to the whole of British India, but with the condition that the people would only be protected under this act if, while the passing of this act had they been subjected under the law of Mitakshara. The second factor being that there was a specific order in which the rank succession of the property would be made, but only after ''a father's father'' and before a ''father's brother''. This order was ''a son's daughter, daughter's daughter, sister and sister's son''[1].
1.2 The Hindu Women's Rights to Property Act, 1937
This act mainly deals with the rights of property provided to the widows of the family. This act profoundly states that when a Hindu male governed by the Dayabhaga school dies in the case of intestacy (dies without leaving behind a will), the widow (or all widows, if more than one) is entitled to the same share as the son in the property left behind. And when there is a deceased Hindu governed by any other school other than the Dayabhaga or by customary law, leaving behind joint family property, then his widow will inherit the same property. Also the widow must get a share of the property if there are no surviving sons or grandsons. This inheritance received by the widow under these circumstances is called a ''Hindu women's estate'' and it is important to remember that this is a limited interest, but the widow may still ask for a partition of the property like a male owner or any other male related to the family would[2].
1.3 The Hindu Succession Act 1956
This act was the first property act made by the Indian Legislation after the independence of the country. This act applies on Hindus, Buddhists, Jains, and Sikhs and is classified into Joint family property and Separate property. The joint family property is also called the coparcener property, this means a person who has the rights by birth and is also referred to as ancestral property. And the Separate property which is further divided into Testamentary will (the property will be given to the person mentioned in the will) and Intestate Succession (the property will be given to the real owner after the death of the predecessor as there is no will in this type of property). The section 14 of this act talks about the complete ownership that the females are allowed to have of their very own properties before or after separation. Section 15, Intestate succession for females, talks about the dissolution of her property if the female dies an intestate. And if there is no child or predeceased child then the property will be moved to the heirs of the father. Though some freedom of property is given to women in this act, Section 23 of this act states that a woman is denied her rights to ask for a partition in respect of a dwelling house which was later removed in the amendment of this same act in 2005[3].
1.4 The Hindu Succession Act (Amendment) 2005
This act served its main purpose of letting the daughters have a share of their father's properties.It served a very important purpose, not only for the property rights of women, but also for the progressive development of women as a whole as it made efforts to bring in equality over the rights of the son and daughter for the property of the father. This act overlooked 3 main aspects of property if ruled by the Mitakshara law. The first aspect being that the daughter of a coparcener must also become a coparcener just like the son would. The second factor being that the daughter must have the same rights as a son would in the coparcenary property and the third aspect being that the daughter would be subjected to the same liabilities of the coparcenary property as a son would[4].
2. CONCLUSION
Though not many rights were given to the women of the Indian states and country as a whole, there has definitely been progressive realisation in the same. The women in this country now not only have property rights, employment rights etc., but also have equal rights of almost everything as that of men, given by the Indian constitution itself. Starting from the very beginning, the Hindu law of Inheritance to the Hindu Succession Act 2005, we can clearly see the progression of the passing of rights even in the order in which they have been ranked in these acts. There were also a few more sections that were added and removed in the Hindu succession (Amendment) act, Section 4(2), Section 6, Section 23, Section 24, and Section 30.
3. CITATIONS
1. ACT NO. II OF 1929, available at (https://www.indiacode.nic.in/repealed-act/repealed_act_documents/A1929-2.pdf.) , last visited (08-12-2023).
2. The Hindu Women's Right to Property Act, 1937, available at (https://indiankanoon.org/doc/80896406/) , last visited (08-
3. HINDU SUCCESSION ACT 1956, available at (https://www.indiacode.nic.in/bitstream/123456789/5519/1/hindu_succession_act%2C_1956.pdf), last visited(08-12-2023).
- 4. THE HINDU SUCCESSION (AMENDMENT) ACT 2005, available at (https://www.indiacode.nic.in/repealed-act/repealed_act_documents/A2005-39.pdf), last visited(08-12-2023).
