Property rights have always reflected deeper questions of equality in society. In India, women for centuries were denied equal inheritance rights, particularly in ancestral property, due to patriarchal customs embedded in personal laws. The journey from exclusion to recognition of equal rights is one of the most remarkable transformations in Indian legal history. Today, after amendments and landmark judgments, daughters enjoy the same rights as sons in coparcenary property under Hindu law. Yet, the struggle for gender equality in inheritance continues across communities and in practical enforcement.
Historical Discrimination in Property Rights
In traditional Hindu law, property was divided into self-acquired and ancestral property. Sons were treated as coparceners in a Hindu Undivided Family (HUF), automatically acquiring an interest in ancestral property by birth. Daughters, by contrast, were excluded from coparcenary rights. They could inherit only in certain situations, often limited to stridhan (property gifted at marriage). This exclusion was justified historically on the assumption that women, upon marriage, became part of their husband’s family.
Similar discrimination existed in other communities. Christian and Muslim inheritance laws also reflected patriarchal values, often giving women smaller shares compared to men. These inequalities were reinforced socially, making women economically dependent on male relatives.
The Hindu Succession Act, 1956
When the Hindu Succession Act was enacted in 1956, it aimed to modernize Hindu inheritance law. While it abolished some inequalities, it stopped short of giving daughters equal coparcenary rights. Section 6 of the Act continued to recognize only sons as coparceners in a joint family property. Daughters could inherit only in certain cases, not by birth.
This partial reform meant that the traditional joint family system continued to exclude daughters from ancestral wealth. For decades, women’s organizations demanded amendment of Section 6 to bring equality.
The 2005 Amendment: A Revolutionary Step
Parliament finally enacted the Hindu Succession (Amendment) Act, 2005, which transformed Section 6. It declared that daughters, like sons, become coparceners by birth, with the same rights and liabilities. This was a watershed moment in Indian property law, aligning it with constitutional principles of equality under Articles 14 and 15.
The amendment also clarified that married daughters are equally entitled to inherit, removing the earlier assumption that marriage severs ties with the parental family.
Judicial Clarifications
Despite the amendment, confusion arose about its retrospective application. Did it apply only to daughters whose fathers were alive in 2005? Courts initially gave conflicting answers.
This was settled by the Supreme Court in Vineeta Sharma v. Rakesh Sharma (2020). The Court held unequivocally that daughters have equal coparcenary rights irrespective of whether the father was alive at the time of the 2005 amendment. The right is by birth, not dependent on the father’s status. This judgment cemented gender equality in Hindu inheritance law.
Earlier, in Prakash v. Phulavati (2015), the Court had taken a narrower view, restricting rights if the father had died before 2005. Vineeta Sharma overruled this, ensuring uniformity. In Danamma v. Amar (2018), the Court also recognized daughters’ rights even when partition suits were pending before 2005, further strengthening their entitlement.
Inheritance under Other Personal Laws
While Hindu law has seen radical reform, other personal laws still present challenges. Under Muslim law, daughters inherit but receive a smaller share compared to sons (usually half). Under Christian law, reforms have been made, but disputes about gender disparity remain. The absence of a Uniform Civil Code means that inheritance rights continue to vary by religion.
Nonetheless, constitutional principles influence interpretation. Courts often use Articles 14 and 21 to expand fairness. For instance, in Mary Roy v. State of Kerala (1986), the Supreme Court struck down discriminatory provisions of the Travancore Christian Succession Act, granting Christian women equal rights.
Practical Challenges in Enforcement
Even with legal reforms, women often face obstacles in exercising their inheritance rights. Social pressure discourages daughters from claiming property against brothers. Many women are made to “relinquish” their share through family settlements. Illiteracy and lack of awareness compound the problem. In rural areas, patriarchal customs still dominate despite statutory equality.
Litigation is another barrier. Partition suits involving inheritance drag on for years, making women reluctant to pursue claims. Even when decrees are obtained, implementation can be delayed due to resistance from male relatives or complications in property records.
Wider Implications of Women’s Property Rights
Inheritance rights are not only about property; they are about empowerment. When women inherit, they gain financial independence, bargaining power within families, and the ability to support themselves in difficult circumstances like widowhood or divorce. Studies have shown that women’s ownership of property improves their status, reduces domestic violence, and benefits children’s education and health.
Thus, enforcing inheritance equality is not just a matter of law but of social justice and economic development.
Conclusion
The journey of women’s inheritance rights in India reflects the broader struggle for gender equality. From complete exclusion under traditional Hindu law to constitutional recognition of equal rights, the transformation has been remarkable. Landmark judgments like Vineeta Sharma have ensured that daughters are no longer second-class heirs.
Yet, challenges remain in implementation, especially in rural areas and under personal laws that still discriminate. For law students, inheritance jurisprudence is a vivid example of how constitutional values reshape personal laws. For women, it is a reminder that they need not surrender their rights in the name of tradition. And for society, it is a lesson that true equality lies not just in lofty ideals but in practical access to resources.
The law today says that daughters and sons are equal heirs. The task ahead is to make sure that this equality is lived, not just written.