Women's Property Rights: The Hindu Law

The thought that inherited property would end up as a girl's in-laws' property was another reason why women were denied inheritance rights. Moreover, society believed in letting a son inherit the property as he would be the one working on the land and facilitating income and wealth. In the context of India, different religious communities and tribes were governed by their own set of inheritance laws for a long time. First, the rare discussion of the topic and secondly the non-uniformity in laws of different communities were some of the main reasons why women have been exempted from property rights in the country. However, things have changed with time and various religious communities have enhanced their set of laws in the past few decades.

In India, the Hindu, Muslim and Christian families have their own Property Laws while other groups are governed under the Indian Succession Act, 1925. When it comes to Hindu women, The Hindu Succession Act,1956 and the Hindu Women's Right to Property Act,1937 govern their property rights. Some features of the Hindu Succession Act, 1956 were amended in the Hindu Succession (Amendment) Act, 2005. The changes that this amendment brought about removed the gender-based discrimination which previously existed in the Hindu Succession Act, 2005. The Hindu Women's Right to Property Act, 1937 lacked the coparcenary rights to women, which later the Hindu Succession (Amendment) Act, 2005 facilitated.

Presently according to the Hindu Law of Property Rights to Women, a daughter's right to inheritance of their father's property is equivalent to that of a son. Additionally, they also possess a share of their mother's property. According to the provisions of the Hindu Succession (Amendment) Act, 2005, the daughter of a coparcener becomes a coparcener by birth in her own right, similarly to a son. She also possesses the same rights that she would have been facilitated with on being a son. Adding to it, she is liable in the said coparcenary property in the same way a son is liable. A daughter should also receive the same share as the son in the family receives.

If a daughter is married, she does not possess any legal right to shelter in her parents' house and maintenance. However, if she is deserted, divorced or widowed, she has a right of residence for the same.

In the case where a woman earns any property by herself, or property is gifted or willed to her with a majority, she has full rights over any such property. Likewise, she has the freedom to dispose of such property by sale, gift or will according to her wish.

When it comes to wives, a married woman holds the exclusive right to her individual property. She is the sole owner of this property unless she gifts it to someone partly or wholly. She is also the manager of her assets which she earns, inherits or receives as a gift.

A wife is authorized to receive maintenance, support and shelter from her husband. In a situation where the husband belongs to a joint family, she is authorized to receive the same maintenance, support and shelter from her husband's family.

If partition happens in a joint family estate, between a wife's husband and her sons, she is entitled to receive an equal share as any other person. Likewise, if her husband dies, she is entitled to acquire an equal share of her husband's portion, along with her children and his mother.

When it comes to mothers, she is a Class I heir. Additionally, she is entitled to maintenance from her children who are not dependents. A widowed mother possesses a right to acquire a share equivalent to the share of a son, in the scenario when the partition of a joint family estate happens among the sons. A mother may also dispose of by sale, will or gift all or any part of her property that she owns according to her wish. If a mother dies intestate, her children will inherit her property equally regardless of their sex.

The scenario has come a long way from where it used to stand. Old traditions are on the brink of extinction and women are now acquiring equal rights as a man when it comes to property.

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