The Status of Coparcenary Rights For Daughters In the Hindu Joint Family
- YourLawArticle
- 2 days ago
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Written by: Ruchika Jindal, B.B.A.LL. B (3rd Year), Birla School of Law, Birla Global University
&
Gayatri Majhi, B.A.LL. B (3rd Year), Birla School Of Law, Birla Global University
Abstract
“The recognition of daughters as coparceners in Hindu joint families marks a significant transformation in the legal and social fabric of India’s patriarchal inheritance system.”
In India, it is still very hard to get equal rights and property as compared to a son in a Hindu joint family. This paper led to the legal evolution of coparcenary rights for daughters within the Hindu joint family, a journey marked by legislative reform, judicial conflict, and eventual constitutional clarity. Historically, the Mitakshara coparcenary, a cornerstone of Hindu property law. The Hindu Succession Act of 1956 maintained this patriarchal framework for family wealth, even if it was progressive in allowing daughters equal rights in separate property. The Hindu Succession (Amendment) Act, 2005, which formally acknowledged girls as coparceners by birth and gave them the same rights and obligations as boys, marked a paradigm change. However, conflicting Supreme Court decisions, which required the father to be alive on the date of the amendment and which established an exception, demonstrate the ten years of judicial unrest caused by legislative ambiguity regarding the amendment's retrospective application. The Hindu Joint Family structure has been a part of Hindu society for ages. It has considerable influence on legal issues, including inheritance and property rights, even if it isn't regarded as a formal legal entity like marriage. Although this deeply ingrained practice has evolved throughout time, it still has a significant impact on modern family life. The Mitakshara School, the more widely followed of the two, offers a particular view on property rights and inheritance works. The analysis of the current legal environment, in which girls are now equal coparceners to boys in every way, closes the study. It also looks at the continual need to close the gap between legislative mandate and social reality by examining the recurring socio-legal issues, such as ignorance and social pressure, that cause a gap between this de jure equality and its de facto execution.
KEY WORDS – Daughter as coparcener, Hindu Joint family, Hindu property law, HAS, 1956, HAS Amendment Act, 2005, Gender equality, Socio-Legal issues
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