Introduction
The Hindu Succession Act, 1956 stands as a revolutionary legislation in granting equal rights of succession and inheritance to both men and women. With an amendment to it in the year 2005, the act truly upholds the essence of removing gender disparity in the succession laws in this country. It recognizes the social and economic position of women in this country and the importance of elevating it to a par with men in this country.
The Significance of the Act in Upholding Gender Justice
India holds a rich history of granting women almost equal privileges and rights just like men. The Vedic age is considered a golden time for women where they were allowed to participate in both administrative and religious functions just like men, however the one space where they were discriminated against were matters of inheritance.
However, there are many instances of gender discrimination in different spheres of life and in general it is the women who are victims to it, may it be the personal laws or social life. Considering this it is high time that we replace old discriminatory traditions with new provisions of law that ensure gender justice.
The era between 1900 to 2020 saw several changes in the laws regarding what share of property do females get in a Hindu Undivided Family (HUF). At first a law was passed which barred widows from having any right to demand partition, but on the other hand, the widowed mother received a certain share whenever there was a partition between brothers in the family. However, the year 1937 saw passing of the Act which granted widows in a HUF the right to partition, eventually allowing them to step into the shoes of the deceased coparcener. The Act did not allow the widows to alienate whenever they wanted to and the above right was limited.
The year 1956 was one of the significant developments with respect to female rights to property in a HUF. This amendment tweaked the famous Section 6 in the Hindu Succession Act. This section contains a list of class 1 heirs which in simple terms shows the list of family members who will be first in line to get property in the case of a partition in a HUF. The addition of the mother, daughter and widow to this list meant that now they would be first in line to get a property when a partition takes place in a HUF.
Another significant amendment with respect to Section 14 would have a retrospective effect for females including widows. The Section states that any property acquired before or after the commencement of the said Act by a female Hindu, shall be held by her as a full owner and not in a limited capacity. This was a monumental step in terms of females getting equal rights with respect to property in India.1
Landmark Amendment to the Act (2005)
If any amendment act meant to bring the full fetched establishment of women as equal as men, then it was this one. Often viewed as one of the most progressive moves by the Indian Judiciary in the past few decades. The changes brought about are:
Section 4(2) of the act was omitted; this Section stated that the Act shall not override the provisions of any other act, thus creating inequality against women by obstructing them to be entitled to the agricultural land.
Section 6 of the Act gives equal position to women by allowing the daughter of a joint family to be a coparcener, and they are entitled to the rights and liabilities as a son. This right shall continue even after her marriage because it is granted to her by the virtue of her birth.
Section 23 of the Act was omitted as it divested the right of women to obtain a partition of the dwelling house. Only an unmarried, separated or a widowed woman were allowed to dwell in the house, which creates inequality.
Section 24 of the Act stated that the widow of the predeceased son, and the widow of the brother are not entitled to the share in the husbands property if she chooses to remarry. As a right to deserve a share in the husbands property, the said section was rescinded by the Amendment Act, 2005.
Finally, Section 30 of the Act saw certain words in it get substituted such as disposed of by him/her instead of just him which creates a right for women to dispose of their property. 2
Conclusion
With the granting of equal rights and liabilities to men and women, disputes have also accompanied the emergence of the Hindu Succession Act and its Amendment Act (2005). The question of whether the law is retrospective or not in nature, and also whether the rights of women are dependent on the living status of their fathers at the time of the amendment or not still remains. Different benches of the honorable Supreme Court have given conflicting views upon these questions in various cases. Relying on such conflicting decisions as binding precedents many High Courts have also decided on some cases.
In the case of Prakash v. Phulavati (2016)3, it was stated that the daughter will have no inheritance right to be entitled in the coparcenary property if her father, the coparcener died prior to 9th September, 2015 (the date on which the amendment came to force).
However in the case of Danamma v. Amar Singh (2018)4, it was held that daughters could claim their coparcener property even if their fathers were dead before the enactment of the Hindu Succession (Amendment) Act, 2005.
Finally in the case of Vineeta Sharma v. Rakesh Sharma (2020)5, The Supreme Court disagreed with the Prakash v. Phulavati case and agreed with the Danamma v. Amar Singh case.
The daughters could claim their coparcenary property even if the father were dead before the enactment of the Hindu Succession Act (2005), staying alive on the enactment of the act would not be a requirement for the daughters to be a coparcener.
As said by Justice Rama Swamy, girls in India face discrimination in every sphere of life and religious and personal laws exacerbate it. Civil Laws avoid such discriminations and oppose the patriarchal set up created before the dawn of the 21st century.6
Let the women fly in the sky by removing the oppression posed on her and enlighten her world with new dreams, aims and aspirations.
Endnotes
1. Keerthanamnair; "Gender Justice under Hindu Succession Act: Critical Analysis" available at: https://www.legalserviceindia.com/legal/article-10577-gender-justice-in-hindu-succession.html#:~:text=Women%20are%20entitled%20to%20all,of%20a%20Hindu%20Undivided%20Family. (last visited on November 6, 2023)
2. Anshuli Singh; "Gender Justice in Hindu Succession" available at: https://lawessential.com/miscellaneous/f/gender-justice-in-hindu-succession?blogcategory=Miscellaneous (last visited on November 6, 2023)
3. Prakash v. Phulavati, (2016) 2 SCC 36
4. Danamma v. Amar, (2018) 3 SCC 343
5. Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1
6. Litem, "Gender Justice under Hindu Succession Act: Critical Analysis" available at: https://www.litem.in/blog/gender-justice-under-hindu-succession-act/ (last visited on November 6, 2023)
