This article has been written by SHRISTI S. from Maharashtra National Law University, Aurangabad

Abstract:

The article titled “Succession Laws of Women in India” explores the intricate legal framework governing the inheritance and succession rights of women in India. In a country characterized by diverse cultural, religious, and regional variations, the project aims to provide a holistic understanding of the complexities surrounding women’s inheritance rights.

It begins by examining the historical evolution of succession laws in India, tracing their origins from various religious and customary practices. It highlights the significant legal reforms that have taken place over the years, including the Hindu Succession Act of 1956, which marked a landmark step towards gender equality in inheritance.

The study delves into the legal provisions and intricacies of succession laws for women belonging to different religious communities, including Hindus, Muslims, Christians, and others. Special attention is given to the Uniform Civil Code debate and its potential impact on women’s succession rights.

Furthermore, it critically analyses the challenges and disparities that persist in the implementation of these laws across various regions of India. Factors such as societal norms, cultural practices, and economic disparities often hinder women from exercising their rightful inheritance.

To gain insights into the ground reality, the it incorporates case studies, landmark judgments, articles, blogs and commentaries of legal expert, women and communities. It examines the practical obstacles faced by women in accessing their inheritance and suggests policy recommendations for addressing these challenges.

The ultimate goal of this is to raise awareness about the importance of women’s inheritance rights in India and advocate for legal reforms and social change that promote gender equality. By shedding light on the current state of succession laws and their impact on women, it seeks to contribute to a more just and equitable society where women can exercise their rightful share of inheritance without discrimination.

INTRODUCTION

Status of women in India is slowly improving socially and economically in urban cities but the scenario remains different in the rural India even today. Women are struggling with suppression, denial of equal opportunities and access to resources in the present times. Men have occupied large socio-economic and political space leaving little possibilities for women to explore and grow.

This resulted in the introduction of various laws and legislations to achieve gender parity in every sphere such as the Hindu Succession (Amendment) Act, 2005. It provides equal property rights to women and thereby enables women empowerment. The project aims to track the impact on women status through various periods in history of India with regard to women inheritance rights.

It enables us to understand what led to the deterioration women conditions and how drastically it impacted their socio-economic well-being. The religious texts and ancient literature reveals strong women status in the past. They were valued, respected and prospered with equal access to resources and opportunities as well as were never considered as a burden. In fact, earlier women were much empowered to take informed decisions and were not limited within the boundaries of the household.

Laws in a patriarchal society are based on gender and the property and inheritance laws for women in India have traditionally been exploitative. It was post-independence and more so, in recent times that things started looking up. Since there is no Uniform Civil Code in India, hence claims on property and inheritance depend on the claimants faith.

However, inheritance laws for women, whether they belong to any faith, community or sect, provide for women in a slightly different manner than men. Recent amendments in Hindu inheritance laws for women have brought some respite to daughters and wives. The Islamic Laws for women are however different and more rigid, and recent times have brought certain limited changes, though not pertaining to inheritance or property rights. Christian laws are more liberal.

However each faith has its own set of rules. There is The Hindu Succession Act 2005, The Hindu Succession Act 1956, and Hindu Succession Amendment Act 2005. Then there is the Muslim Personal Law Application Act 1937 and The Indian Succession Act 1925. Here we will refer to them as Hindu Law, Muslim Law and Christian Law. Hindu Law is applicable on Hindus, Jains, Buddhists and Sikhs.

The chapter will also allow us to trace the worsening of the status of women and locate systematic exclusion of women from the property rights. It will underscore the adverse impacts caused on women position in the society due to ripping away of women property rights.

OBJECTIVE

• To analyse and evaluate the succession laws in India with a focus on promoting gender equality, legal awareness, and women’s empowerment.
• To examine the existing succession laws in India, including those related to personal and property rights, and assesses their impact on women’s inheritance rights.
• To Identify and document any gender disparities or discriminatory provisions within the current succession laws, which may affect women’s rights to inherit property and assets.

Contemporary legal relevance

The contemporary legal relevance for succession law in India for women is significant, given the country’s patriarchal culture and gender inequality issues. In the past, Indian laws favored male heirs over female heirs when it came to inheritance and property rights.

However, with the enactment of several laws over the years, such as the Hindu Succession Act of 1956, the Special Marriage Act of 1954, and the Muslim Women (Protection of Rights on Divorce) Act of 1986, women’s right to inherit has been considerably strengthened.

Under these laws, women have been granted equal rights to inherit their parent’s, husband’s, or other family members’ assets and properties. These laws recognize daughters as coparceners in a joint family, which means they have an equal share in ancestral property.

Additionally, the indian government has introduced policies such as the Sukanya Samriddhi Yojana and Beti Bachao, Beti Padhao scheme to promote the education and welfare of girls and encourage parents to save for their daughters’ future.

Despite these positive developments, there are still challenges that need to be addressed regarding the implementation and enforcement of these laws. Many women face social and cultural barriers that prevent them from claiming their rightful inheritance, and there are cases where women are denied their inheritance due to discriminatory practices and customs.

Thus, there is a continued need to raise awareness about women’s legal rights and ensure their access to justice.

RESEARCH QUESTION

1. Whether there is current legal framework for inheritance and property ownership rights for women in India?

2. Whether the succession laws has evolved over the time and impacted women’s inheritance rights?

3. Whether the women face challenges when it comes to accessing and exercising their inheritance rights in practice?

4. Whether the recent legal reforms ensured the gender equality in property ownership and inheritance?

STATEMENT PROBLEM

1. What legal barriers do Indian women face when trying to access their inheritance rights under current succession laws, and how can these be addressed?

2. To what extent have the recent changes made to succession law in India benefited women’s property rights, and what further reforms are needed?

3. How has patriarchal culture affected the implementation of succession law in India, particularly with regard to women’s inheritance rights?

HYPOTHESIS

“India has long been known for its patriarchal society where women are often treated as second-class citizens. While significant strides have been made over the years to improve gender equality, including in the area of succession laws, there still remains a great deal of inequality and discrimination against women when it comes to inheriting and owning property.

In this study, we aim to explore the complex and multifaceted issue of the succession law of women in India. By examining historical and contemporary inheritance laws, we seek to understand the ways in which these laws have evolved over time and how they have impacted women’s ability to inherit and own property.

Finally our research will consider potential solutions to address these issues, including legal reform, education, and empowerment initiatives. Ultimately, we hope to shed light on the ongoing struggle for gender equality in the context of succession law in India, and to offer insights into how this issue can be addressed moving forward.”

RESEARCH METHODOLOGY

The research done for this research project is DOCTRINAL. It is compiled from information obtained through secondary sources such as articles, blogs, journals and books

SCOPE AND LIMITATIONS OF THE STUDY/PROJECT WORK

This research work is constrained by the use of secondary data to conduct root cause analysis because of the lack of formal juristic opinion on the same.

Chapter 1: Concept of Dayabhaga and Mitakshara

The Indian Sanskrit scholar and notable writer of legal and religious treaties Jimutavhana from the early medieval period wrote the Dayabhaga. Dayabhaga is considered as the Hindu thesis which mainly deals with the inheritance system in India. It was the dominant authority for consideration in the modern British Indian courts in the Bengal region of India.

Mitakshara, on the other hand was written by Vijnaneswara, on the Yajnavalkya Smriti. The Dayabhaga schools of law mainly applied in Bengal and Assam, whereas the Mitakshara school of law was prevalent in other parts of India. The Mitakshara school had four sub division that administrate the law of inheritance of the Hindu Joint family under the Indian Law. These are the Benaras School, Mithila School, the Maharashtra School and the Dravida School.

The main variation between the Dayabhaga and the Mitakshara schools of law pertained to dealing with the family style. The Mitakshara School of Law deals only with joint family, wherein the property is given to the male member of a family and extends to include his son, grandson and great-grandson.

Therefore all men held equal rights in a joint family. However, under the Dayabhaga School of Law, the son has no power or right in the ancestral property. He can only claim his share in the property after his father’s demise. Hence, the father carries uncontrolled and unlimited power over his family property until his death.

Concept of Streedhana Before the Succession Act, 1956, women were given nominal rights over certain assets, which were referred to as “Streedhana”. The word “Streedhana” means women’s property.

According to Smritikars, the “Streedhana” comprises of those properties and materials which a woman receives from her parents or relatives as gifts at the time of her wedding. This included, by and large movable properties, though sometimes a house or a piece of land was also given as a gift to a woman along with ornaments, jewelries and dresses.

It is considered as woman’s property on the basis of sources from which the property was acquired, her status at the time of acquisition and the school to which she belongs. Therefore, women had the absolute right of ownership over the “Streedhana”.

This also meant that women could dispose or decide to do anything with their property as their wish. In case, the property is not mentioned as “Streedhana”, in that case the woman did not have any right to dispose it off, as she held only limited authority.

Chapter 2: Modern age – History and Development of Pro- Woman Acts

PRE INDEPENDENCE reforms for succession law of women

\Indian Succession Act 1925: The movements of social reform elevated the concern for women’s rights on property. Hence in 1925, the Indian Succession Act was passed. It was a landmark law for empowering women, as it provided women an opportunity for equal share in property rights.

The Act can be recognised as the most valuable piece of legislation even when tested against the present day parameters of women’s rights. Hindu Law of Inheritance Act,1929: Following the Succession Act 1925, the legislation developed for women to facilitate them to procure their rights of inheritance was the Hindu Law of Inheritance Act 1929.

It administrates only the property of the Hindu male who dies without making a will. The provision of the act reads as follows: ‘A son’s daughter, daughter’s daughter, sister and sister’s son shall, in the order so specified be entitled to rank in the order of succession next after a father’s father and before father’s brother, provided that a sister’s son shall not be included, if adopted after the sister’s death.

Further, the will before husband’s demise has limitation in Mitakshara system which has been modified through the Amendment of 2005.

Hindu Law of Inheritance Act,1929:

Following the Succession Act 1925, the legislation developed for women to facilitate them to procure their rights of inheritance was the Hindu Law of Inheritance Act 1929. It administrates only the property of the Hindu male who dies without making a will.

The provision of the act reads as follows: ‘A son’s daughter, daughter’s daughter, sister and sister’s son shall, in the order so specified be entitled to rank in the order of succession next after a father’s father and before father’s brother, provided that a sister’s son shall not be included, if adopted after the sister’s death.

The Hindu Women’s Right to Property Act, 1937:

“The undivided interest of a coparcener on man’s death did not go by survivorship to other coparceners, but his widow took it as heir, though she took it as a limited estate.”Before the Act of 1937, the undivided interest of a coparcener on man’s death is passed by survivorship to the other coparceners.

But after the Act of 1937, the condition changed. Section 3(3) of The Hindu Women’s Right to Property Act, 1937 declares the equal right of a widow in the partition of the property.

Post-Independence

Important Acts related to Women Property Rights after Independence

Hindu Succession Act 1956 and Amendment of 2005:

The Hindu Succession Act, 1956, was the first and foremost law which provided equal rights of inheritance among Hindus, Sikhs, Buddhists and Jains. It also recognised gender in equalities in the area of succession.

However, it covers only in the case where the husband dies without a will; the children (married or unmarried daughter or son) of intestate’s mother and widow get the equal share. This act is not applicable for the testamentary succession (where there is a written will). Section 14 of the Hindu Succession Act, 1956, declares, “Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner.”

This statement makes a woman a complete owner of her properties. But very few women are aware of their rights of full ownership on their property. Most women are unaware of these rights. The Act advises complete rights, including the rights of transfer of property, which includes movable and immovable acquired Streedhana.

This Act was amended in the year 2005 to provide equal opportunity to women. This came into effect on September 9, 2005, and is relevant to the various other sections and castes of Hindus, apart from Sikhs, Buddhists and Jains. It declared that Indian women will have an equal right to a share in property as men; it granted daughters inheritance rights in ancestral property along with her male relatives.

The main feature of the 2005 Amendment is that it enables the daughter to become a coparcener by birth in her own right, and in the same manner as sons. Although the earlier section stated that when a male Hindu dies after the commencement of the Act, then his property will pass to the remaining members of the coparcenary.

The 2005 Amendment has provided many benefits, such as, the daughter is given equal share as the son, and the share of the pre- deceased brother or sister will be distributed between the remaining siblings, be it a male or female. However, in granting equal property rights to woman, there are still many complications. Section 8 and 9 of the Act deal with the transference of property in case of the death of a male; while Section 15 and 16 deal with rights, in case a woman dies. In the case of woman’s death her husband and her own parents would be considered as her heirs.

While in the case of man’s demise, his property inheritance would go to his relatives. To emphasise women empowerment, the laws should be made gender-neutral, and there should be no distinction between the order of succession and rules of succession for men and women. In India many religious communities are administrated by their personal laws, including inheritance rights.

Although Hindu, Sikhs, Buddhist and Jains are administered by property law based on the 1956 Act, Christian and Parsis are administrated by the Indian Succession Act 1925.

Property Rights of Daughter

A daughter stands to inherit an equal share of the parental (father’s as well as mother’s) property, like her siblings. She is a coparcener in the ancestral property as her brothers and shares the same liabilities towards this said property. A married daughter can ask for maintenance or shelter in her parents’ residence if she is widowed, divorced or deserted. Once she attains adulthood, a daughter has complete rights over any property or asset that is gifted or Willed to her.

Property Rights of a Wife

According to Hindu Succession Law, a married woman has total rights over her personal property that she can sell/gift/dispose of as per her wish. She is eligible for shelter, support and maintenance from her husband and his family in case of a HUF (Hindu Undivided Family).

In the case of the division of property between her husband and her children, she also gets an equal share as others. And in case of her husband’s death, she is entitled to an equal share of the husband’s assets divided between her, her children and his mother.

Property Rights of a Mother

A mother is a Class I heir which means, she inherits an equal share of her deceased son’s assets as do his wife and children. If the children divide the family asset after the father’s demise, a mother is entitled to an equal share of the property as each of her children. She is also entitled to shelter and maintenance from her eligible children. She has full rights over her properties and assets and can dispose of them the way she likes. On her death, though, her assets are equally inherited by all her children.

Property Rights of a Sister

A sister is a Class II heir and can claim her deceased brother’s property only if he has no Class I heirs – mother, wife and children

Property Rights of a Daughter-in-law

As per the inheritance laws for women in the Hindu Succession Act, the rights of a daughter-in-law are very limited. A daughter-in-law has no right over the properties owned by the parents-in-law – whether ancestral or self-acquired. She can acquire rights over such assets only through her husband’s inheritance and share.

Property Rights of a Divorced Women

A divorced woman can demand maintenance and alimony but cannot lay a stake on her ex-husband’s property. If the property is registered in the husband’s name, the law recognises him as the owner. If the property is jointly owned, then the wife has to prove her contribution to the purchase.

Then she would be entitled to the share only up to her contribution in the said property, according to property laws for women. In case of separation without a formal divorce, the wife and children are entitled to their inheritance on the man’s property whether he has remarried or not.

Property Rights of a Remarried Widow

A widow gets an equal share of the husband’s property along with the other Class I heirs – his mother and his children. In case the widowed wife remarried, she was supposed to give up her claim on the ex-husband’s property, as per the Hindu Widow Remarriage Act of 1856.

But taking Section 24 of the Hindu Succession Act 1956, if the widow remains unmarried when the property distribution is discussed and marries much later, she owns her share of the property.

Property Rights of a Second Wife

The Hindu Marriage Act 1955 considers polygamy illegal and a man cannot have more than one legal wife at any point in time. Thus, the legality of the second marriage is a crucial factor here.

If the man remarries after his wife’s death or after a formal divorce, the second wife is a Class I heir to his property. If that is not the case, then the second wife is not entitled to the deceased man’s assets, though her children from this marriage will be.

Chapter 3: The Scenario of the Position of Women in Context of Other Religions

Muslim Women Property Rights

Property rights are very complex under Muslim law. The concept of inheritance under it has four features:

The Quran specifies precise shares to certain persons;

The residue goes to the agnates (an agnate is a person related wholly through males either by blood or by adoption); in their absence, it goes to the uterine heirs (uterine heirs are the persons descended from a common mother but by different husbands);

Maximum one-third of any Muslim’s property can only be given away in the form of a will;

Rights of inheritance begin only on the death of the person

There are broadly two schools of thought in Muslim law- the Sunni and Shia. The Sunni school predominantly operates in India. It has four sub-schools, which are Hanafi, Shafi, Maliki, and Hanbali. The majority of Muslims in India follow the Hanafi school of thought.

Under the Hanafi school, there are seven categories of heirs (three principals and four subsidiaries). The principal heirs are Koranic, Agnatic and Uterine heirs. The subsidiaries are the successor by contract, the acknowledged relative, the sole legatee, and the state.

Given below are the Quranic heirs:

Heirs by affinity- Husband and wife

Blood relations- Father, Grandfather, mother, grandmother, daughter, son’s daughter, full sister, consanguine sister, uterine brother, and uterine sister.

The Quranic property rights of Muslim women include:

A widow has the right to receive one-fourth share of her husband’s property if she has no children.

A widow has the right to receive a one-eighth share of her husband’s property if she has children.

Female heirs get half the share of their parent’s property compared to what the male heirs receive.

A single daughter has the right to receive half the share of her parent’s property. However, in the case of more than one daughter, all the daughters get two-thirds of the share.

Property and Inheritance Laws for Women Under Muslim / Islamic Law

This law follows the Sharia rule and has different specifications than the other faiths.

Property Rights of a Daughter

According to the faith, a woman’s value is half that of a man. The inheritance laws for women here give daughters half of what the sons are getting. But a woman has complete control over her property and can dispose of it or manage/sell/gift it as per her wish.

Daughters have the right to residence in the parental property till marriage and after widowhood/divorce if she has no/minor children. Once the children are grown up enough to take care of their mother, she becomes the children’s responsibility.

Property Rights of a Wife

According to property laws for women in the Sharia, a married woman enjoys total ownership over her own properties and other things. She is entitled to maintenance from her husband, necessary reasonable provisions after divorce and a right to the ‘Mehr’ amount decided during the marriage.

In case of death of the husband and she being the only wife, she will inherit one-fourth of his assets, if there are no children; and one-eighth, if there are children in the marriage. If the deceased husband had more than one wife, then each wife’s inheritance reduces even further – say one-sixteenth.

In case of the absence of other sharers, a Will by the husband can increase the inheritance of the wife up to some extent.

Property Rights of a Mother

A widow or divorced mother is entitled to maintenance from her children and inheritance of one-sixth of the asset of her deceased child. Her own property is divided according to the guidelines of Muslim Law.

A divorcee under Muslim inheritance laws for women gets her ‘Mehr’ amount and ceases to belong to her husband and his family. She is not a recipient of property from a deceased ex-husband.

The same is the case for a remarried widow who cannot claim any property rights from her dead husband. A second wife under Muslim laws is a legal wife and has the same rights as the first or third wife.

Christian &Parsi (Zoroastrian) Women’s Property Rights

Laws for succession in Christians and Parsis are coded in the Indian Succession Act, 1925. Sections 31 to 49 largely deal with the Christian inheritance rights whereas sections 50 to 56 speak about the Parsi succession.

According to the Act, Christian children, male or female, inherit equally in property. The Act has provided equal right of inheritance for daughter with any brothers in her father’s or mother’s estate, when the father or mother pass away without will.

If the deceased has left behind both a widow and genetic heir, the woman would receive one-third of the share in his property and the remaining two-thirds would go to the latter. In case of no genetic heir but other blood relatives, one-half of the property would go to the widow and the rest to the kindred. In case no blood relatives are left either, the complete estate shall go to the widow.

Supreme Court lawyer Sunil Fernandes says, “The Indian Christian widow’s right is not an exclusive right and gets curtailed as other heirs step in. If the intestate has left none (family members), the whole of his property would belong to his widow.” Prima facie, the property rights of Parsi women are gender neutral.

A widow and all her kids, be it sons or daughters, married or unmarried, they all get equal share of property of intestate, while parents, mother and father, get half of the share of each child. However, the widow of deceased husband who dies without any child, gets no share.

Property and Inheritance Laws for Women in Christian Law

Let us look into inheritance laws for women of various relationship categories with reference to the Christian law which is also applicable for Jews and Parsis.

Property Rights of a Daughter

A daughter would inherit both the parents’ properties equally along with her siblings. She enjoys shelter and maintenance from her parents till she gets married.

After that, she is under her husband’s maintenance. Her father remains her natural guardian as long as she is a minor. After legally becoming an adult, she has a complete right over her personal property.

Property Rights of a Wife

As a wife, a woman is eligible for maintenance from her husband. If he fails to provide it, she can file for divorce on this ground. According to the inheritance laws for women of the Christian faith, a widow is entitled to one-third of her husband’s property while the rest is divided equally among the children of the deceased.

She gets half of the assets if there are no children. The minimum amount that the wife must inherit from her deceased husband is marked to be INR 5000.

Property Rights of a Mother

The property laws for women of the Christian faith do not consider a mother as a dependent of the children. As a mother, a woman is not eligible for maintenance. But if the deceased child is unmarried and has no children, the mother is entitled to one-fourth of the asset.

The inheritance laws for women if they are Divorcee, Remarried widow and Second wife, remain the same as in the Hindu Laws.

LANDMARK CASES ON RECOGNITION OF PROPERTY RIGHTS OF WOMEN IN INDIA .

In this case, Mary, a Christian widow staying at her fathers house in Travancore was harassed and forced by her brothers to evacuate the property. As she had no other place to go, she refused to leave the house. Her refusal led her brothers to hire some goon to threaten her.

The contention of the brothers was that the property belonged to them according to the Travancore Succession Act, 1916 (the Act). They relied on Section 24 of the Act which stated that a widowed mother has a life interest in the property and that a married daughter who received Stridhan has no right to it.

Marys case against her brothers to get equal rights on her fathers property was denied by the Lower Court. However, the High Court ruled in her favour and held that she has equal rights over the property. Nevertheless, even after getting her right acknowledged, the harassment of her brothers did not stop. So, she approached the Supreme Court under Article 32 of the Constitution of India challenging the constitutionality of Section 24 of the Act.

Upholding Mary’s rights, the Supreme Court held that-

Section 24 of the Act violates Article 14 of the Constitution of India

No personal law is above the Constitution of India;

Any Act that invalidates the provisions of the Constitution of India is void;

The Indian Succession Act, 1925 will apply in the present case, instead of the Act;

One-third of the father’s property will be Mary’s.

This case proves to be one of the breakthrough decisions relating to the equal rights of Indian Christian sons and daughters on the father’s property.

Madhu Kishwar & Ors. v. State of Bihar & Ors. (1996)

In this case, the constitutionality of certain provisions of the Chota Nagpur Act, 1908 was challenged. It was contended that the provisions favoured males belonging to the Scheduled tribes in the succession to property.

The court held a few of the impugned provisions unconstitutional; however, it also held that the tribals, who are governed by their customs and the custom vary from people to people and religion to religion, codified Hindu Law does not apply to them.

Danamma v. Amar Singh (2018)

In this case, the appellants were the two daughters of Late Shri Gurulingappa Savadi and his widow, Sumitra. The couple also had two sons, Arun Kumar and Vijay. Amar Singh, the son of Arun Kumar, filed the partition suit claiming a one-fifteenth share in Savadi’s property.

His claim was based on the fact that the property was in the possession of the two sons and the widow. He contended that the two daughters were not the coparceners, as they were born prior to the enactment of the Hindu Succession Act, 1956 as amended in 2005 (the Act).

Following the Trial Court’s decision favouring Arun Kumar, the appellants approached the High Court challenging the decision. The High Court upheld the Trial Court’s decision, following which the appellants approached the Supreme Court. The Supreme Court, however, held that Section 6 of the Act has a retrospective effect on the devolution of coparcenary property.

Daughters are coparceners, irrespective of whether the father died before or after the 2005 Amendment. Ultimately, the contended was equally divided into five shares, one each for the two sons, two daughters, and the widow.

Hence, this case established the retrospective effect of the Act on the coparcenership of women with regards to the father’s date of death.

Prakash v. Phulavati (2016)

In this case, the respondent (Phulavati) had initially filed a partition suit before the Trial Court in 1992, after her father’s death. She claimed 1/7th share in the properties that her father acquired from his mother.

While the suit was still pending, the Hindu Succession (Amendment) Act, 2005 was made effective. The Amendment gave coparcenary rights to the daughters as well. Phulavati used the opportunity; she amended her previous claim as per the 2005 Amendment. The Trial Court only partly allowed her suit.

Following the Trial Court’s order, Phulavati approached the High Court stating that she, being a coparcener as per the 2005 Amendment, has share equal to her brothers in the father’s property.

The appellant (Prakash, Phulavati’s brother) contended that the 2005 Amendment will not apply in the present case, as the father died prior to 2005. The High Court ordered in Phulavati’s favour and allowed the retrospective effect of the 2005 Amendment.

Aggrieved by the High Court’s decision, Prakash approached the Supreme Court. Finally, the Supreme Court overruled the High Court’s decision and held that the 2005 Amendment will not apply to any partition which was effected before its enactment.

Vineeta Sharma v. Rakesh Sharma (2020)

In this case, the appellant’s father died in 1999. She had three brothers and a widowed mother. One of her brothers died unmarried in 2001, after which she filed a suit claiming coparcenership and one-fourth share in her father’s property. But, the High Court rejected her claim stating the fact that her father died before the 2005 Amendment.

The High Court’s decision brought confusion to the retrospective effect of the 2005 Amendment because of the two previous contradicting decisions in the cases Danamma v. Amar Singh (2018) and Prakash v. Phulavati (2016).

Clarifying this chaos, a three-judge bench of the Supreme Court led by Justice Arun Mishra gave a landmark verdict on the 11th of August, 2020.

The bench upheld its decision in the case of Danamma v. Amar Singh and overruled Prakash v. Phulavati. It held that a daughter is considered a coparcener by birth, irrespective of whether her father is alive or not. Further, the retrospective effect of the 2005 Amendment was also upheld and well-settled in this case.

Conclusion

The development of pro-women inheritance Acts aim to target the discriminatory and unfair treatment and practices against women inheritance rights which came into existence since the ancient period of India. Coparcener rights given to women with the 2005 amendment enabled women equal inheritance rights as men in India.

However, despite such breakthrough Act and amendment, equal property rights for women in India are far from being accessible even today. The paper highlighted patriarchal social structuring which restrained women from owning ancestral property and its impact on the socio-economic conditions of women.

The social conditioning and structure trace back to the ancient India history with deep roots marking its impact even today as women continue to be discriminated in receiving rightful share in family property. Successful implementation of the Hindu Succession (Amendment) Act, 2005 is still a challenge in a society like India, where people believe and follow biased and unfair traditions and rituals.

The relationship between the women inheritance right and socio-economic status of women is directly proportionate hence equitable property rights for women is a crucial channel for achieving women empowerment and improving their status in the society.

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