All You Need to know – Hindu Succession Act on Women Property Rights

Last Updated at: November 04, 2019
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Everything about Hindu Succession Act on Women Property Rights

Property rights is one of the area wherein the women were discriminated in India.The Hindu Succession Act of 1956 was approved which differentiate a Hindu women’s property rights in comparison to Hindu man’s property rights.Only in the year 2005, this discrimination was banned by the amendment to the Act.

Women are half the world’s population, working two-thirds its worlds working hours, receiving 10% of the world’s income, owning less than 1% of the world’s property – Unknown

Explore our legal help services to protect your intellectual property, secure funding from Venture Capitalists & comply with the many regulations of the MCA information and resources to help you through your end to end business requirement.

Introduction :

The World we live in is no longer a man’s playground to his competition nowadays we see women in every field fighting not only the men but patriarchy, social stigmas and age-old customs that say women are something lesser to men and aren’t their equals. Property rights, one such area where women were for a long time discriminated by not only religion but also law astonishing right a discriminatory law in a democratic secular republic like India. The Hindu Succession Act of 1956 was one such piece of legislation that even after close to 9 years of a free & independent India and close to 6 years after India became a republic and our constitution under Article 14 guaranteed  Right to Equality that the Hindu Succession Act was enacted which discriminated a Hindu  women’s property right when compared to a Hindu man’s property right. It was only in the year 2005 that this discrimination was abolished by an amendment to the Act. Now let’s look into the various scenarios of women property rights –

  • Before the Commencement of the Hindu Succession Act of 1956
  • After the Commencement of the Hindu Succession Act of 1956
  • The amendment of 2005 to the Hindu Succession Act of 1956

Before Commencement of the Hindu Succession Act of 1956 –

There were 2 types of women’s Property that were – Streedhan & Women’s Estate

Register Your Property

  1. Streedhan-

 Streedhan’ means women’s property. According to Smritikars, the streedhan constituted those properties which she received by way of gift from the relations which included mostly movable property such as ornaments, jewellery, and dresses.

The Items covered under Streedhan can be as follows –

  • Gifts and bequests from relations
  • Gifts and bequests from strangers
  • Property acquired by self-exertion and mechanical arts
  • Property purchased with streedhan
  • Property acquired by compromise
  • Property obtained by adverse
  • Property obtained in lieu of maintenance.
  1. Women’s Estate –

 The following Conditions Have to meet for property to fall under this Category –

  • Property obtained by inheritance
  • Share obtained on partition

The features of Women’s estate are as follows and implies that –

  • It gives women absolute ownership of property.
  • She has the full rights of its disposal or alienation.
  • She can sell, gift, mortgage, lease, exchange or if she chooses, she can put it on fire,
  • Her property can be passed on to her own on heirs on her death.

After the Commencement of the Hindu Succession Act of 1956-

These General Rules of Succession were put to an end by the enactment of the Hindu Succession Act of 1956. Sections 14 abolished the concept of Women’s estate and section 15 of the act prescribed the concept of general rules for succession in case of Hindu female. The Sections of the act that deal with women property rights are as follows –

Section 15 – General rules of succession in the case of female Hindus-

  1. The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
  2. Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
  3. secondly, upon the heirs of the husband;
  4. thirdly, upon the mother and father;
  5. fourthly, upon the heirs of the father; and
  6. lastly, upon the heirs of the mother.

Notwithstanding anything contained in sub-section (1),—

  1. Any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father;
  2. Any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.

Section 16 –

The order of succession among the heirs referred to in section 15 shall be, and the distribution of the intestate’s property among those heirs shall take place, according to the following rules, namely:-

Rule 1- Among the heirs specified in sub-section (1) of section 15, those in one entry shall be preferred to those in any succeeding entry and those including in the same entry shall take simultaneously.

Rule 2- If any son or daughter of the intestate had predeceased, the intestate leaving his or her own children alive at the time of the intestate’s death, the children of such son or daughter shall take between them the share which such son or daughter would have taken if living at the intestate’s death.

Rule 3- The devolution of the property of the interstate on the heirs referred to in clauses (b), (d) and (e) of sub-section (1) and in sub-section (2) of section 15 shall be in the same order and according to the same rules as would have applied if the property had been the father’s or the mother’s or the husband’s as the case may be, and such a person had died intestate in respect thereof immediately after the intestate’s death.”

The two sections mentioned above are the new law for the succession of a woman’s property

The Amendment of 2005 –

This was seen a landmark Amendment as now married woman could inherit their father’s property which was previously only enjoyed by the male members of the family. The Amendment made to Section 6 of the Hindu Succession Act that deals with the Devolution of Coparcenary property have made this possible and women can also inherit property as coparceners.

Conclusion:

Even though India as a country has come a long way in its 70+ years of independence, it has seen immense growth in terms of its financial and Business sectors with more and more of its rural population getting educated, urban and progressive but still within this story of success lies woven tales of discrimination inequality injustice not only on the basis of caste or religion but even on the basis of gender a country with moderate sex ratio reservation still persist as to the other gender and discrimination is rampant because of pre-existing notions of patriarchy and male supremacy we have come a long way in solving this issue through education engagement discussion and even legal remedies put to avoid such discrimination Right for women in property is just the beginning there lies so much left to go ahead for a truly empowered India .

Now, the married woman also can inherit the property of their father’s which was before enjoyed by only the male members of the house or family. The Section 6 in the Hindu Succession Act demonstrate with the decentralization of Coparcenary property made it possible and now women can retrieve the property as coparceners.

All You Need to know – Hindu Succession Act on Women Property Rights

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Property rights is one of the area wherein the women were discriminated in India.The Hindu Succession Act of 1956 was approved which differentiate a Hindu women’s property rights in comparison to Hindu man’s property rights.Only in the year 2005, this discrimination was banned by the amendment to the Act.

Women are half the world’s population, working two-thirds its worlds working hours, receiving 10% of the world’s income, owning less than 1% of the world’s property – Unknown

Explore our legal help services to protect your intellectual property, secure funding from Venture Capitalists & comply with the many regulations of the MCA information and resources to help you through your end to end business requirement.

Introduction :

The World we live in is no longer a man’s playground to his competition nowadays we see women in every field fighting not only the men but patriarchy, social stigmas and age-old customs that say women are something lesser to men and aren’t their equals. Property rights, one such area where women were for a long time discriminated by not only religion but also law astonishing right a discriminatory law in a democratic secular republic like India. The Hindu Succession Act of 1956 was one such piece of legislation that even after close to 9 years of a free & independent India and close to 6 years after India became a republic and our constitution under Article 14 guaranteed  Right to Equality that the Hindu Succession Act was enacted which discriminated a Hindu  women’s property right when compared to a Hindu man’s property right. It was only in the year 2005 that this discrimination was abolished by an amendment to the Act. Now let’s look into the various scenarios of women property rights –

  • Before the Commencement of the Hindu Succession Act of 1956
  • After the Commencement of the Hindu Succession Act of 1956
  • The amendment of 2005 to the Hindu Succession Act of 1956

Before Commencement of the Hindu Succession Act of 1956 –

There were 2 types of women’s Property that were – Streedhan & Women’s Estate

Register Your Property

  1. Streedhan-

 Streedhan’ means women’s property. According to Smritikars, the streedhan constituted those properties which she received by way of gift from the relations which included mostly movable property such as ornaments, jewellery, and dresses.

The Items covered under Streedhan can be as follows –

  • Gifts and bequests from relations
  • Gifts and bequests from strangers
  • Property acquired by self-exertion and mechanical arts
  • Property purchased with streedhan
  • Property acquired by compromise
  • Property obtained by adverse
  • Property obtained in lieu of maintenance.
  1. Women’s Estate –

 The following Conditions Have to meet for property to fall under this Category –

  • Property obtained by inheritance
  • Share obtained on partition

The features of Women’s estate are as follows and implies that –

  • It gives women absolute ownership of property.
  • She has the full rights of its disposal or alienation.
  • She can sell, gift, mortgage, lease, exchange or if she chooses, she can put it on fire,
  • Her property can be passed on to her own on heirs on her death.

After the Commencement of the Hindu Succession Act of 1956-

These General Rules of Succession were put to an end by the enactment of the Hindu Succession Act of 1956. Sections 14 abolished the concept of Women’s estate and section 15 of the act prescribed the concept of general rules for succession in case of Hindu female. The Sections of the act that deal with women property rights are as follows –

Section 15 – General rules of succession in the case of female Hindus-

  1. The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
  2. Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
  3. secondly, upon the heirs of the husband;
  4. thirdly, upon the mother and father;
  5. fourthly, upon the heirs of the father; and
  6. lastly, upon the heirs of the mother.

Notwithstanding anything contained in sub-section (1),—

  1. Any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father;
  2. Any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.

Section 16 –

The order of succession among the heirs referred to in section 15 shall be, and the distribution of the intestate’s property among those heirs shall take place, according to the following rules, namely:-

Rule 1- Among the heirs specified in sub-section (1) of section 15, those in one entry shall be preferred to those in any succeeding entry and those including in the same entry shall take simultaneously.

Rule 2- If any son or daughter of the intestate had predeceased, the intestate leaving his or her own children alive at the time of the intestate’s death, the children of such son or daughter shall take between them the share which such son or daughter would have taken if living at the intestate’s death.

Rule 3- The devolution of the property of the interstate on the heirs referred to in clauses (b), (d) and (e) of sub-section (1) and in sub-section (2) of section 15 shall be in the same order and according to the same rules as would have applied if the property had been the father’s or the mother’s or the husband’s as the case may be, and such a person had died intestate in respect thereof immediately after the intestate’s death.”

The two sections mentioned above are the new law for the succession of a woman’s property

The Amendment of 2005 –

This was seen a landmark Amendment as now married woman could inherit their father’s property which was previously only enjoyed by the male members of the family. The Amendment made to Section 6 of the Hindu Succession Act that deals with the Devolution of Coparcenary property have made this possible and women can also inherit property as coparceners.

Conclusion:

Even though India as a country has come a long way in its 70+ years of independence, it has seen immense growth in terms of its financial and Business sectors with more and more of its rural population getting educated, urban and progressive but still within this story of success lies woven tales of discrimination inequality injustice not only on the basis of caste or religion but even on the basis of gender a country with moderate sex ratio reservation still persist as to the other gender and discrimination is rampant because of pre-existing notions of patriarchy and male supremacy we have come a long way in solving this issue through education engagement discussion and even legal remedies put to avoid such discrimination Right for women in property is just the beginning there lies so much left to go ahead for a truly empowered India .

Now, the married woman also can inherit the property of their father’s which was before enjoyed by only the male members of the house or family. The Section 6 in the Hindu Succession Act demonstrate with the decentralization of Coparcenary property made it possible and now women can retrieve the property as coparceners.

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