PAPER ID: IJIM/Vol. 8 (VI) October 2023/22-25/4

AUTHOR: Dr. Meenakshi Dahiya

TITLE: A FIRST STEP IN THE DIRECTION OF GENDER REFORM: THE RIGHT OF HINDU DAUGHTER AS COPARCENER

ABSTRACT: Every person has the right to receive equal treatment in all spheres of life. However, from the rise of Hindu culture, women’s standing has been extremely uneven; they were not considered as coparceners and were not entitled to coparcenary property. Women are viewed as inferior, and they are taught to feel as such, especially when it comes to their property rights. None of the Hindu females were granted patrilineal rights in coparcenary property in their own manner prior to the Hindu Succession Act (Amendment) Act, 2005. She can only accept a portion when a man requests a division. However, the 2005 Amendment Act, which gave Hindu female coparceners (daughters) the same rights as male coparceners (sons), drastically altered Section 6 of the Act and the concept of the devolution of interest in coparcenary property. Daughter now has the same rights as Son by birth. In fact, the 2005 Amendment Act is a piece of gender reform legislation that aims to give women more economic power by granting them the freedom to possess property in their own manner. The purpose of this essay is to analyze significant changes made to the Hindu Succession Act that affect women’s status as coparceners.

KEYWORDS: Hindu Joint Family, Coparcenary, Amendment Act, 2005, Judicial Interpretation.

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