AN ANALYSIS OF HINDU WOMAN’S RIGHT TO PROPERTY UNDER HINDU SUCCESSION ACT, 1956 AND HINDU SUCCESSION [AMENDMENT] ACT, 2005

AUTHOR – P JANANI, STUDENT AT SCHOOL OF EXCELLENCE IN LAW – THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY

BEST CITATION – P JANANI, AN ANALYSIS OF HINDU WOMAN’S RIGHT TO PROPERTY UNDER HINDU SUCCESSION ACT, 1956 AND HINDU SUCCESSION [AMENDMENT] ACT, 2005, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 547-552, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

In India there are no codified or consolidated legal provisions which provide property right to women. It always gets determined depending on the religion or faith or religious school to which she belongs, her marital status and her place of birth or based on the place of origin. In ancient times, women does not have any kind of share or ownership in fathers property because  of the domination of male in succession i.e., Male was considered the head of the joint family & therefore he holds the rights to ancestral property. Hindu Succession Act 1956 originally did not gave inheritance rights for women in the ancestral property instead it gave the right of maintanence from Hindu Joint family. Most effect was done in status of women in his father’s property after the Hindu Succession Act 2005 and this amendment tried to maintain Article 14, 15, & 21 of the Constitution of India which upheld the fundamental rights being assured to both men and women without any gender discrimination. There are certain provisions of Hindu Succession Act 1956 amended by Hindu Succession Amendment Act 2005 after which various issues raised regarding interest of women in ancestral property and questions as to whether this amendment Act had a Prospective effect or Retrospective effect was put forth before the Judiciary which gave an excellent interpretation or explanation for prospective effect.