Inheritance Rights in India
Supreme Court Judgement on Inheritance rights:
India’s Supreme Court on August 2020 ruled that daughters have equal rights similar to that as sons in parent’s property irrespective of when she was born and if her father was alive or not, at the time of Hindu succession Amendment Acts of 2005.
“Once a daughter always a daughter and son is a son till he is married,” Quoted by Justice Arun Mishra.
Justice Arun Mishra quoted that “The daughter shall remain a coparcener who shares equally right in inheritance of an undivided joint family property throughout life, irrespective of whether her father is alive or not and also added that a son is a son until he gets a wife and a daughter remains a loving daughter throughout life “
The SC expanded and promoted the amendments done in 2005 which overthrown the discrimination as contained in Section 6 of the Hindu Succession Act, 1956 by giving equal rights to daughters.
The Supreme Court also directed High Courts to dispose of cases involving this issue within six months which are pending for years.
Hindu succession Act 1956:
Right of inheritance is the transfer of property, titles, debts and obligations to another on the death of an individual. One can inherit the property through two ways:
1. Testamentary succession occurs when a person dies and leaves a will. Their property will be distributed as they mentioned in the will, however legal rights will still need to be satisfied
2. Instate succession occurs when someone dies without a will and their estate is distributed by the laws of intestacy
According to the Hindu succession act 1956, female are granted ownership of all property acquired and not on ancestral property.
· The Hindu Succession Act, 1956 were codified by collaboration of liberal ideas and Mitakshara school of Hindu law that governed succession and inheritance of property which recognized only males as legal heirs of the parental property.
· It applied to everyone who is NOT a Muslim, Christian, Parsi or Jew by religion and others which includes Buddhists, Sikhs, Jains and followers of Arya Samaj, Brahmo Samaj, are also considered under the Hindus for this law.
Hindu succession amendment act 2005:
The law was later amended on 2005 quoting that women were recognised as coparceners by birth for property partitions arising from 2005 onward.
The law only applies to ancestral property and to intestate succession in personal property, where succession happens as per law and not through a will.
Features of Mitakshara Law School :
1. The term Mitakshara is derived from the name of a commentary written by Vijnaneswara, on the Yajnavalkya Smriti.
2. It is observed in all parts of India and subdivided into the Benares, the Mithila, the Maharashtra and the Dravidian schools.
3. A son, by birth acquires an interest in the ancestral property of the joint family.
4. All the members enjoy coparcenary rights during the father’s lifetime.
5. A coparcener’s share is not defined and cannot be disposed of.
6. A wife cannot demand partition but has the right to a share in any partition between her husband and her sons.
Government Stand:
The Solicitor General of India praised the Supreme Court for this amendment that granted equal rights for women.
He also criticised the Mitakshara coparcenary 1956 law because it contributed to discrimination on the ground of gender and was also oppressive and negated the fundamental right of equality (Articles 14 to 18) guaranteed by the Constitution of India.
Even before 2005, the law had been implemented in many states Andhra Pradesh, Karnataka, Maharashtra and Tamil Nadu.Kerala had abolished the Hindu Joint Family System in 1975.
Thank You All
Sources:
The Indian Express.
Drishti IAS
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- A ARUN KRISHNA