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Paper Title

WOMEN'S PROPERTY RIGHTS UNDER THE HINDU SUCCESSION ACT

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Registration ID: IJNRD_322523

Published ID: IJNRDL001028

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Keywords

Hindu Succession Act, women's property rights, coparcenary, gender equality, Section 6 amendment, Vineeta Sharma case, Section 15 discrimination, government policies

Abstract

The legal framework governing Hindu women's property rights in India constitutes one of the most significant and contested domains of gender justice in the post-colonial era. This article critically examines the evolution of these rights from the Hindu Succession Act of 1956 through the transformative Amendment of 2005 and subsequent judicial interpretations. The central argument advanced is that while legislative enactments have progressively dismantled formal barriers to women's property ownership, the translation of these rights into substantive equality remains incomplete due to persistent discriminatory provisions, implementation gaps, and deeply entrenched patriarchal resistance. Through analysis of the Hindu Succession (Amendment) Act, 2005, this article demonstrates how the amendment fundamentally restructured the Mitakshara coparcenary by conferring upon daughter’s coparcenary status by birth, thereby placing them on equal footing with sons. The article further examines the judiciary's crucial role in expanding these rights through landmark pronouncements, particularly the Supreme Court's judgment in Vineeta Sharma v. Rakesh Sharma (2020), which affirmed the retrospective operation of the amended provisions. However, this research also illuminates continuing challenges, including the constitutionally suspect provisions of Section 15 governing succession to married women's self-acquired property, currently pending constitutional scrutiny before the Supreme Court. Additionally, it evaluates government policies designed to translate legal rights into tangible outcomes for women.

How To Cite (APA)

Ms. Priyanka Pandor (March-2026). WOMEN'S PROPERTY RIGHTS UNDER THE HINDU SUCCESSION ACT. INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT, 11(3), 233-240. https://ijnrd.org/papers/IJNRDL001028.pdf

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Paper Reg. ID: IJNRD_322523

Published Paper Id: IJNRDL001028

Research Area: Other area not in list

Author Type: Indian Author

Country: -, -, India

Published Paper PDF: https://ijnrd.org/papers/IJNRDL001028.pdf

Published Paper URL: https://ijnrd.org/viewpaperforall?paper=IJNRDL001028

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