Equal Inheritance Rights to Daughters
Aug. 17, 2020 • Madri Chandak
Profile of the Author: Jahanvi Bhandari is a 3rd year Law Student pursuing B.B.A LLB from MMU, Mullana. The fields of social issues, environmental issues and constitutional topics hold her keen interest.
Introduction
The practice of inequality among genders has been continuing since ages in India. Giving equality to genders in every aspect will help the country to grow socially and economically. The recent judgment by the apex court i.e. The Supreme Court, to provide equal Inheritance Rights to daughters is definitely a step forward towards neutrality.
Right of Inheritance is the devolution of the property, titles, debts, rights, and obligations to another person on the death of an individual. [1] There are two ways of Inheritance-
- Testamentary Succession
- Intestate Succession through Laws
Section 6 of the Hindu Succession Act 1956
Section 6 made provisions for the devolution of interest in a coparcenary property of a person who died intestate. The law provided that when a person dies intestate leaving only male heirs; the coparcenary property will devolve accordingly to his male sons, grandsons, and great-grandsons. Such devolution shall only be inherited by the male heirs that are not more than three degrees to the coparcener. A particular keynote of the section is those male heirs such as sons are regarded as coparcener, but daughters or female heirs were not regarded as a coparcener. [2]
Section 6 of the Hindu Succession (Amendment) Act 2005
The respective section of the Amendment iterated that the devolution of coparcenary property is either by survivorship or by succession. But it added, the property of a coparcener can only devolve by survivorship if there are only male heirs. In this instance, the customs will apply. The devolution is by succession when the coparcener has both male and female children, and then, the devolution will be in accordance with the law. This is only applicable when the devolution to the female is in the same class prescribed by law. Such devolution must be equal among all heirs of the deceased. [3]
Let us Retrospect
- In India, the Hindu Succession Act, 1956 codified the laws relating to succession and inheritance among Hindus, Buddhists, Jains and Sikhs. Muslims follow the Muslim Personal Laws (Shariat) Application Act 1937.
- The Hindu Succession Act is based upon the Mitakshara law [4] which is a legal commentary on the Yajnavalkya Smriti best known for its theory of “Inheritance by birth.”
- According to the Hindu Succession Act, males were given priority for becoming the heir of the ancestral as well as the acquired property but the amendment made in 2005 brought about a major change which stated that the daughters or the females are also subjected to equal property rights.
- But conflict arose when a loophole was pointed out that what about the daughters or females who were born before the 2005 amendment or what if the father died before 2005.
- In a 2008 judgment SC upheld the Hindu Succession act 2005 and highlighted that if the father died before September 9, 2011, a daughter will not have any right over ancestral property.
- The Supreme Court on August 11, 2020, ruled that daughters are entitled to Equal Property Rights even if they were born at the time of the 2005 amendment to the Hindu Succession Act, 1956 and even if the father died prior to the coming into force of the Hindu Succession (Amendment) Act, 2005. The judgment was delivered by a three-judge bench of the Supreme Court comprising Justice S Abdul Nazeer, Arun Mishra and MR Shah. [5]
Highlights
- The Supreme Court on 11th August 2020 ruled that a daughter is entitled to an equal share in the parental property irrespective of when she was born and even if the father was dead at the time of the 2005 amendment of the Hindu Succession Act.
- “The provisions contained in substituted Section 6 of the Hindu Succession Act, 1956, confer the status of coparcener on the daughter born before or after the amendment in the same manner as a son with same rights and liabilities. The rights can be claimed by the daughter born earlier with effect from September 9, 2005,” Justice Mishra said in the 121-page judgment. [6]
- “It is only a case of enlargement of the rights of daughters. The rights of other relatives remain unaffected as prevailed in the proviso to section 6 as it stood before the amendment,” the SC said. [7]
- Justice Mishra quoted a common saying noted in a 1996 judgment of the SC, to sum up, the bench’s view towards daughters, “A son is a son until he gets a wife. A daughter is a daughter throughout her life.” [8]
Effects of the Judgment
The perpetuation of structural and cultural inequality against women practised in various forms is still prevailing in our country. This recent judgment by the Supreme Court will provide empowerment and a better status to women in society. It is also a great contribution to gender justice.
The Supreme Court has ordered to clear all the cases related to this judgment within a period of six months.
Conclusion
The status of women in any country tenants an important role and efforts are being made to establish a significant role to uplift them in society. This decision made by the Supreme Court is a step forward to end the patriarchal prejudice and terminate the gender injustice.
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FAQs
Q. Cite a prevalent bias in regards to inheritance by women.
Ans. As per Sections 15 & 16 of the Hindu Succession Act, 1956, if a woman dies intestate, her self-acquired property goes to husband’s heirs, not her parents. In the case of a man, the property is inherited by his relatives, not the woman’s heirs.
References
[1] https://www.myadvo.in/blog/inheritance-rights-in-india/
[2] www.google.com/amp/s/www.lawnn.com/hindu-succession-act/amp/
[3] www.google.com/amp/s/www.lawnn.com/hindu-succession-act/amp/
[5] Law: of Daughters, Sons and Widows, www.indiatogether.org