Hindu Women Position in Coparcenary : A Short Analysis Since ancient times, India has been a patriarchal society where women have always faced unfair treatment and discrimination. This was also reflected in Indian laws with special mention to the Hindu Succession Act, 1956, which did not provide any birth right to women in the Joint Family Property under Mitakshara Coparcenary. In the year 2005, Section 6 of the Hindu Succession Act, 1956 was amended to in consonance with the Article 14 of the Constitution of India to grant equality to women.
The Amendment has made the daughters are at par with the sons and provided equal rights in coparcenary property by birth. Thus, after the amendment, daughters and sons have the same rights and liabilities. Even in case of a notional partition as provided under Section 6(3), daughters have been given equal rights. By getting such rights in property women feel a sense of economic security and stability in their lives.
Hindu Women Position in Coparcenary
The Hindu Succession Amendment Act, 2005 was enacted with the purpose of enlarging the rights of a daughter whether married and unmarried and to bring her at par with a son. It also brought equality between the female line of descent, including children of predeceased daughter of predeceased daughter and the male line of descent.
As by the Amendment of 2005, the daughter is a coparcener in her own right and enjoy the same rights and subject to same liabilities in the coparcener property as that of a son. This means that just like as son, a daughter is also liable to pay the debts of joint family. And she can dispose of her share in the coparcenary property by way of a will.
Thus, the making of all daughters as coparceners has far-reaching implications. It has given them a birth right in the joint family property. The rights in coparcenary property and the dwelling house provides them social protection in case they face violence at the hands of their spouse or marital breakdown, by giving potential shelter to Millions of Indian women – as widows and daughters – and their families.
Article Credit Goes to :-
Ms. Supreet Kaur Research Scholar, GNDU, Amritsar (Punjab)