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HISTORY OF HINDU WOMENS INHERITANCE RIGHTS AND TRANSITION FROM MALE-DOMINANCE TO EQUAL RIGHTS
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HISTORY OF HINDU WOMEN’S
INHERITANCE RIGHTS AND TRANSITION FROM MALE-DOMINANCE TO EQUAL RIGHTS
AUTHORED BY - ANUSHKA PALIJA
BA. LL. B., KES’ Shri. Jayantilal H.
Patel Law College, Mumbai.
Introduction
In the Vedic era, Hindu women were
respected and were at par with men in the society. Women at the time were
educated, attended ceremonies, social gatherings, etc., were part of numerous
rituals, and had the right to choose their own husbands but were deprived of
the right of inheritance of properties. By the medieval period, women started
losing respect and say in society and the status of women started
declining.
During their advent in India, the
British codified common criminal laws but left civil laws untouched, allowing
Hindus and Muslims to follow their personal laws. It was laid down by the
Britishers that the laws of the Quran would apply to Muslims, while those of
the Shastras would apply to Hindus.
The law of inheritance in India is
dictated by personal laws. Inheritance in the case of Hindus, Buddhists, Jains,
and Sikhs is governed by the Hindu Succession Act, 1956, in the case of Muslims
is governed by the Muslim Personal Law (Shariat) Application Act, 1937, and by
the Indian Succession Act, 1925 in the case of Christians.
Since the dawn of time, men have
utilized laws and scriptures to uphold a hierarchy of power over the handling
of property. In this article, we will discuss the transition from gender
inequalities in Hindu inheritance laws in the past to equal inheritance rights
for men and women.
Hindu Laws
The Manusmriti is the root of Hindu
Personal Laws today. The Manusmriti was written as a guide for social conduct,
discipline, and duties, outlining the roles and expectations of different
sections of society, particularly women. However, in the modern era, its
principles appear outdated and misaligned with contemporary values of equality
and justice.[1] Many of
the social inequalities and injustices faced by women can be traced back to its
teachings, which were formulated at a time where the position of women in
society was that of complete subservience and subjugation[2].
Among various schools, the Mitakshara
and the Dayabhaga were two primary schools that governed the inheritance for Hindus.
Devolution of property according to Mitakshara law was done by two rules –
either succession or survivorship. Succession was applied for self-acquired
property and survivorship for coparcenary or Joint Hindu Family property
whereas, Dayabhaga law only recognized succession as a rule. The concept of the
"coparcenary" was central to the Mitakshara school, which governed
the inheritance rights of Hindu families in most parts of India. According to
this system, property was passed down through male descendants, and only sons,
grandsons, and great-grandsons were considered coparceners with a birthright to
ancestral property.[3] The
Dayabhaga school, prevalent in Bengal and Assam, differed from the Mitakshara
system by recognizing the absolute ownership of property by an individual
rather than the joint family. Under this system, sons did not have an automatic
birthright to ancestral property; instead, inheritance was determined upon the
father's death. In both schools, however, daughters had limited or no rights to
inheritance, as property was generally passed down through the male line.
The Manusmriti and the Vedas never
gave women inheritance rights or even right to own property except “Streedhan”.
Streedhan was to property (mainly jewellery) gifted to women at the time of
their marriage and they had absolute right over the property but as the British
influence grew in India, they introduced the Hindu Law of Inheritance Act, 1929
– one of the first legislative efforts to bring reform. This act granted
inheritance rights to three female heirs—sons' daughters, daughters' daughters,
and sisters – who were previously excluded under traditional Hindu law.
However, the act applied only in limited circumstances and did not
significantly alter the male-dominated inheritance system.[4]
Hindu Women’s Right to Property Act,
1937 was also introduced in the colonial rule. This act gave widows the right
to inherit their husbands’ properties after his death but the rights were not
absolute and had rights only to “limited estate”. This meant that the widow
could not freely sell or transfer their deceased husbands’ property and after
her death, the property went back in the hands of the male heirs of the
deceased husband.
Post independence, the Hindu
Succession Act (HSA), 1956 was enacted which governed the inheritance laws for
Hindus, Buddhists, Jains, and Sikhs. Under the HSA, 1956, women were granted
equal rights as men in inheriting property from their fathers, husbands, and
sons. The law abolished the concept of "limited estate" for widows,
granting them full ownership of inherited property. Daughters were also
recognized as legal heirs, although they were still not granted coparcenary
rights in ancestral property. Instead, inheritance among Hindus followed a
structured order of heirs, known as "classes," where male heirs, such
as sons and grandsons, remained primary inheritors.
Despite these advancements, the 1956
law still reflected patriarchal biases. The exclusion of daughters from the
Hindu coparcenary system meant that ancestral property continued to be
primarily controlled by men. This limitation prompted further legal challenges
and demands for reform in the following decades.[5]
The Hindu Succession Act, 1956 was
further amended in 2005 through the enactment of the Hindu Succession
(Amendment) Act, 2005. This amendment granted daughters, irrespective of their
marital status, the same coparcenary rights as sons in ancestral property,
ensuring gender equality in inheritance laws. This amendment gives sons and
daughters, or rather males and females the same inheritance rights and makes no
inequality on the basis of gender. [6]
Conclusion
The evolution of Hindu inheritance
laws in India reflects the nation's journey toward gender justice and social
equity. From ancient religious traditions that favoured male heirs to modern
legal frameworks that ensure equal rights for daughters, the transformation has
been profound. The Hindu Succession Act, 1956, and its 2005 amendment have
played a crucial role in dismantling patriarchal norms and empowering women
with property rights. However, continuous efforts are required to ensure the
effective implementation of these laws so that legal equality translates into
social reality. The progress made so far is a testament to India's evolving
legal landscape, but the journey toward complete gender equality in inheritance
laws is still ongoing.
[1]
Doniger, W., & Smith, B. K. (1991). The Laws of Manu. Penguin Classics
[2] Prachi
Dutta, Gender Inequality and Hindu Personal Laws, India Law Journal,
https://www.indialawjournal.org/archives/volume8/issue-1/article10.html
[3] Mulla,
D. F. (2016). Principles of Hindu Law. LexisNexis
[4] Mulla,
D. F. (2016). Principles of Hindu Law. LexisNexis
[5]
Agarwal, B. (2005). "Women’s Inheritance Rights in India: A Long Road to
Equality." Economic and Political Weekly.
[6]
Sharma, U. (2013). Women, Work and Property in North-West India. Routledge
Article Information
HISTORY OF HINDU WOMENS INHERITANCE RIGHTS AND TRANSITION FROM MALE-DOMINANCE TO EQUAL RIGHTS
Authors: ANUSHKA PALIJA
- Journal IJLRA
- ISSN 2582-6433
- Published 2025/03/26
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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