Property rights of women in India – Indian Judiciary – Free PDF Download

Hindu Succession Act, 1956

• MINISTRY OF LAW New Delhi, the 18th June, 1956 The following Act of Parliament received the assent of the President on the 17th June, 1956 and is hereby published for general information: — THE HINDU SUCCESSION ACT, 1956 No. 30 OF 1956 [17th June, 1956] An Act to amend and codify the law relating to intestate succession among Hindus.
• An Act to amend and codify the law relating to intestate succession among Hindus. हिंदुओं में निर्वसीयत उत्तराधिकार से संबंधित कानून को संशोधित और संहिताबद्ध करने के लिए एक अधिनियम

Applies to

• Hindus
• Buddhist
• Jain
• Sikh

Property Can be Ancestral or Self Acquired

2005 Amendment

• Introduced the Concept of Four Classes
• Of which Class One included – Son, Daughter and Widow of the Coparcener.
• Hereafter if a Hindu dies, the first right over his property will be with Class One Heirs .
• The Property will be Devolved in Equal Proportion over Class One Heirs.
• Was given Retrospective Effect- i.e.- Girls Born before 9/9/2005 will have the Coparcenary Rights.

• Since the Amendment Act Came into Force on 9/9/2005, is it Necessary that the Father should be Alive on this date for the daughter to inherit his Property? What if Father died before 9/9/2005?

Vineeta Sharma V/s Rakesh Sharma(2020) Case

• Women’s Right to Ancestral property is By Birth It Does Not Matter whether Father was Alive or Not on 9/9/2005.

How Self Acquired Property is Devolved?

• Self Acquired Property is Devolved through Will by the owner of the Property and It Can be Devolved to anyone.

Can a Daughter inherit a father’s Self-Acquired Property if the Father Dies Intestate?
Arunachala Gounder Vs Ponnuswamy (2022) Case

• Daughters of Male Hindu Dying Intestate have the Right to acquire Self Acquired Property of the Father along with the Ancestral Property.

What about the Property of a Hindu Female who dies Interstate???

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