In Venugopalan V Union of India, SC observed as “the Mitakshara concept of Coparcenery based on the concept of birth right of son’s son and son’s son ‘s son.Under the Ancient Hindu joint family system ,the male of the house solely had the right over the property.Therefore the birth of the male child was considered to be very important in terms of property.In India,women access and right of ownership over family property both movable and immovable in the absence of a will is governed by a succession laws based on religion.This is disparity in inheritance by the Hindus so far as females are concerned. A Hindu wife was not capable of holding of property separate from her husband.Two types of property women were to hold were Streedhan-women estate .To ensure the status of equality to women as par to the man the Hindus succession act 1956 came into force.
Before the enactment of the Hindu succession act 1956 Hindus were ruled by the shastric and customary laws that differ from region to region under the Mitakshara school of Hindu Law a women in a joint family is entitled only to the maintenance but not to the inheritance to the property.Therefore if the partition took place in the coparcenary (join family property) then each male coparcenar was entitled to a share other than the daughter.The daughter would only get a share as one of the heirs on the death of coparencer.
But however Hindu succession Act is an Act of the Parliament of India.It enacted to amend and change the law relating to intestate or un willed succession ,among Hindus ,Buddhists,Jain and Sikhs.The act lays down a uniform and a comprehensive system of inheritance and applies o person governed by both the Mitaksara and Dayabhaga schools.
The Hindu Succession Act 1956 originally didn’t give daughters equal rights to ancestral property.This disparity was removed by an amendment that came into force on Sep 9th 2005.The mail biased persisted even though the Act gave women a full and equal share of their husbands property as the children.However an amendment to this act in 2005 took the progressive step of making daughter coparceners at par with sons.
Conclusion-The Constitution of India as well as the new laws lays down many rights of women. But however,most women are not aware of their right and they claim less than what they are entitled to.
Post Contributed By:
TANUSHREE SHARMA GIRI
