Empowering Women: Know Your Inheritance Rights in India

A.   INTRODUCTION

In India inheritance laws for women have evolved from time to time, giving equal rights to women on the inherited property same as men. However, due to cultural and societal norms, many women are unaware of their rights or face challenges implementing them. Every woman needs to understand their inheritance rights to ensure fair treatment and safeguard their financial security and independence.

B.   HINDU SUCCESSION ACT,1956

The Hindu Succession Act, 1956 is a significant piece of legislation in India that governs the inheritance of property among Hindus, (for this Act, Hindus will also include people belonging to Buddhists, Jains and Sikhs) providing women with equal rights to inherit property. The following are the key provisions of the act:

§ Equal Coparcenary Rights in Case of Hindu Undivided Family

Section 6: Devolution of interest in coparcenary property

Before the amendment of the Hindu Succession Act, 1956 in 2005, women were excluded from becoming coparceners (joint owners) of ancestral property in case of Hindu Undivided Family. However, the amendment introduced subsection (1A) to confer equal coparcenary rights on daughters born on or after September 9, 2005.

While daughters born before September 9, 2005, were not entitled to coparcenary rights, they could acquire a share in ancestral property through a partition suit.

§  Right over son, husband, and father’s property

Section 8: General rules of succession in the case of males

Section 8 states that the heirs specified in class I of the Schedule are firstly entitled to receive shares of the deceased male. Heirs in Class I include:

According to the Class – 1 Heirs chart, the property of the deceased male is distributed equally between the mother of the deceased, wife, son, and daughter of the deceased giving equal rights to women in the property as men.  

§  Succession to Stridhana

Section 14: Property of a female Hindu to be her absolute property

Stridhana property is property acquired by a Hindu woman through gifts, marriage, or her own efforts. A Hindu woman has absolute ownership over her stridhana property and can dispose of it as she wishes.

This is an important section that changed the traditional system when women were just considered as a secondary heir or just a custodian of the property.

§  Right over daughter, wife, and mother’s property

Section 15: General rules of succession in the case of female Hindus

Section 15 deals with the general rules as to the devolution of property of an intestate Hindu woman. It provides that the devolution shall take place-

• Firstly – upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

• Secondly – upon the heirs of the husband;

• Thirdly – upon the mother and father; 

• Fourthly – upon the heirs of the father; and

• Lastly – upon the heirs of the mother.

So, under Section 15, daughters, mothers, and husbands have rights over the property of their intestate mothers, daughters, and wives, respectively. 

• Property acquired from Husband

If the women has acquired any property from her Husband, in that case the first right will be of the heirs of her husband, in case of absence of his sons or daughters.

• Property acquired from Father or Mother

If the women has acquired any property from his Father or Mother, in that case the first right will be of the heirs of her father and not husband, in case of absence of his sons or daughters.

C.   HINDU ADOPTIONS AND MAINTENANCE ACT, 1956

Section 8: Capacity of a female Hindu to take in adoption

This section allows Hindu women to adopt children, thereby giving them the same rights and responsibilities as Hindu men in terms of adoption.

D. CASE LAWS RELATED TO RIGHTS OF WOMEN

1. DANAMMA @ SUMAN SURPUR & ANR V/S AMAR & ORS. [CIVIL APPEAL NOS. 188-189 OF 2018] [@SLP(C) Nos. 10638-10639 of 2013]

Supreme Court in the present case held that a daughter would be treated as a coparcener since birth at par with her male counterparts and she is also entitled to dispose of her coparcenary property. Court stated that the intention of the legislature while making the Amendment Act, 2005 was to provide equal rights to women who have always been denied such rights in the past. The Court held that the amendment to sec 6 of Hindu Succession Act, 1956 which treats daughters on par with sons would apply retrospectively.

E. Challenges Faced by Women

• Deep-rooted patriarchal mindset affecting women's ability to claim their rights. Society still considers men superior to women which is the main reason for the inequality between the two and also in the rise of crime against women day by day.

• Lack of awareness among women about their legal rights.

• Society's resistance to change in traditional inheritance practices results in most women feeling guilty for demanding their rights, especially in the paternal property after marriage.

Steps to Protect Your Inheritance Rights

• One can create a Will, to protect the rights of their daughter, mother, or wife after their death.

• Every woman should know their legal rights and duties to safeguard their interest and her share in the property left behind by their son, husband, or father.

• Women should educate themselves on legal provisions and seek support to secure their rightful share of property.