The approach of the Andhra Pradesh, Tamil Nadu, Maharashtra and Karnataka state legislatures is, strikingly different from that of Kerela and these states instead of abolishing the right by birth strengthened it, while broadly removing the gender discrimination inherent in Mitakshara coparcenary.
The focus of this paper is on the concept of coparcenary and the inherent discrimination meted on the women by depriving them proprietary rights in the Hindu Succession Act, Finally, we have analyzed the new notion of coparcenary under various State amendments and the pros and cons of these amendments in the light of right to equality guaranteed under the Constitution of India.
In this paper we have analysed the discrimination against women under Hindu Succession Act, In Kerala the joint tenants has been replaced by tenants in common. Section 25 — if daughter commits murder or abets the commission of murder of a person whose property she could have inherited.
According to the proviso, if the deceased has left him surviving a female relative specified in Class I of Schedule I, or a male relative specified in that Class who claims through such female relative, the interest of the deceased in the Mitakshara coparcenary property shall devolve by testamentary or interstate succession under this Act and not by survivorship.
Desai, Mulla's Principles of Hindu Law. If another son is born in the family, automatically the share of each male is reduced to one fourth. Further, the need is for an all India legislation since if the Joint Family property is in two states, one which is governed by the Amending Act and the other not so governed, it may result in two Karta, one a daughter and the other a son.
This amendment also created a right to have a share in the joint property during the partition favour of children of the daughter and her pre-deceased daughter, in case of their death, that is to say a son of a pre-deceased daughter of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased daughter; daughter of a predeceased son of a pre-deceased daughter; daughter of a pre-deceased daughter of a pre-deceased son, are also now included in Schedule to Hindu Succession Act, as Class I heirs.
The law by excluding daughter from participating in the coparcenary ownership not only contributes to her discrimination on the ground of gender but also has led to oppression and negation of her fundamental right of equality guaranteed in the Constitution having regard to the need to render social justice to women.
The amendment now grants daughters the same rights, duties, liabilities and disabilities that were earlier limited to sons. In this connection, it is relevant to notice the observations of Mr. Thus the law by excluding the daughters from participating in coparcenary ownership not only contributed to an inequity against females but has led to oppression and negation of their right to equality and appears to be a mockery of the fundamental rights guaranteed by the Constitution.
Thus, under the proviso if a female relative in class I of the schedule or a male relative in that class claiming through such female relative survives the deceased, then only would the question of claiming his interest by succession arise.
However, on his death, they inherit as tenants-in-common.
Equal right to be coparceners A coparcenary comprises the eldest member and three generations of a family. The judiciary should also make efforts to implement the law so as to achieve the objective behind the amendment of the law.
The ultimate sufferers of these complexities are women as their position regarding property rights is vulnerable in a coparcenary system. The lineage was traced through the female line i. Any reference to a Hindu Mitakshara coparcener shall be deemed to include a reference to a daughter of a coparcener.
The shastra is clear that in the absence of senior member a junior member if he has reached the age of legal competence may incur debts for the needs of the family, and in the absence of a male member a female member may do so.
Coparcenary is limited to three generations next to the holder. The second questionable distinction is found in S. Prabha Thakur Congress said unless a law was implemented it had no meaning. Any property to which a female Hindu becomes entitled by virtue of subsection 1 shall be held by her with the incidents of coparcenary ownership and could be disposed of by her by testamentary disposition.
Thus, laws are nothing but codified social behaviour, so in order to make the law effective there is equally a back-up requirement for social education and social transformation. Whereas if they are made coparceners, then they become equal sharers.
Making all daughters coparceners like wise has far-reaching implications. Under the coparcenary, the coparceners acquire a right over the coparcenary property by birth. Hindu Coparcenary is a much narrower body than a Hindu joint family it includes only those persons who acquire by birth an interest in the coparcenary property, they being the sons, grandsons, and great-grandsons of the holders of the property for the time being.
To create an equal society, women should be given equal property rights so that their basic economic needs can be taken care of which will in long run help in creating a balanced society.
Keeping all these factors into consideration, the Hindu (Amendment) Succession Act, was enacted. Co parcenary - The system of copartionary. Act ->daughters, by birth, got coparcenary rights.
Women as coparcenary: Under Mitakshara coparcenary, women cannot be coparcenars. A wife, under hindu law, has a right of maintenance out of her husband's property. who are heirs in their own rights: Son. This class of residuaries.
national law institute university bhopal vi trimester family law - ii hindu women and their coparcenary rights submitted to - submitted by – ms. kavita singh archana b.a.,ll.b The retention of the Mitakshara coparcenary property without including the females in it means that the females could not inherit in ancestral property as their.
Hindu Coparcenary is a much narrower body than a Hindu joint family it includes only those persons who acquire by birth an interest in the coparcenary property, they being the sons, grandsons, and great-grandsons of the holders of the property for the time being.Hindu women and their coparcenary rights