Evolution of Women's Property Rights in India

Introduction:

For quite some time, there has been a strong push to emphasize that the rights of women are fundamentally human rights. Women’s advocates noted that despite women experiences of gender-based violence across the globe, no action was taken to address it as a human rights violation. Both within and across nations, women’s experiences differed greatly. Their conclusion was that integrating women's experiences into international human rights frameworks would be advantageous for everyone involved.

History of women’s rights in India

Across India's history, the evolution of women's rights can be traced through three distinct phases. 

• In the initial phase, reformists initiated changes in education and customs during the mid-19th century to advocate for women's rights.
• The second phase, spanning from 1915 until India's independence, saw Mahatma Gandhi integrating women's movements into the Quit India movement, while independent women's organizations began to emerge.
• The final phase, post-independence, is characterized by the right of women to political parity, fair treatment after marriage, as well as equal opportunities in the workplace.

Despite notable progress, women in India continue to face various obstacles that hinder their ability to fully access and benefit from their rights and opportunities. Around the world women have struggled a lot for all their rights and one such is women’s rights over family properties.

Property rights of women under Hindu Law

In India, Hindu women's property rights are regulated by both the Hindu Succession Act of 1956 and the Hindu Women's Right to Property Act of 1937.

The Hindu Women’s Right to Property Act, 1937 predominantly deals with property rights of Hindu widows. Here the Hindu widow is allowed to receive an equal share in her intestate husband’s property as her sons.The Hindu Succession (Amendment) Act of 2005, introduced based on the recommendations of the 174th Law Commission Report, brought about significant changes to the 1956 Act. This was the breakthrough towards getting rid of gender inequality in India.

The following are the property rights for Women in India:

1. Coparcenary interest

A coparcenary property pertains to any intestate ancestral property acquired within a Hindu Undivided Family (HUF) by its members. Earlier women had no right or interest in the coparcenary property since they could not be coparceners. 

Following the 2005 Amendment, specifically Section 6 of the Hindu Succession Act of 1956, the previous discriminatory practice of excluding women from the coparcenary system was abolished. According to Section 6(1) of the Act, in any Hindu Undivided Family (HUF) governed by the Mitakshara law, a daughter of a coparcener automatically becomes a coparcener by birth, enjoying the same rights as a son of the coparcener.

2. Equal coparcenary rights

Section 6 of the Hindu Succession Act 1956, vests equal rights and liabilities on both the sons and daughters of a coparcener.Section 6(1) stipulates that the daughter of a coparcener:

• Possesses equal rights in the coparcenary property as she would if she were a son.
• Assumes identical responsibilities concerning the coparcenary property as a son would.

3. Share in coparcenary property

The Act also provides that the interest of a deceased coparcener in the property of a HUF shall devolve by testamentary or intestate succession. The devolution shall take place in such a way that:

• The daughter is entitled to an equal share as that of a son. 
• In the event of a pre-deceased woman coparcener, her share shall be allotted to her surviving child in the same manner as if she were alive.
• The share of a deceased child (son or daughter) of a pre-deceased woman coparcener shall be allocated to their child in the same manner as it would have been if the deceased child were alive.

4. Full ownership  

As per Section 14 of the aforementioned Act, every Hindu Women has full ownership right over any property that she possessed through acquisition. These include:

• Inheritance 
• Partition
• In lieu of maintenance or its arrears
• Gift from any relative or non-relative
• Own skill or exertion 
• Purchase or prescription 
• Stridhan, etc. 

Hindu Succession Amendment Act 2015

This act has brought major changes in the history of women’s right to inherit property.

One of the milestone case was: Prakash Vs Phulvati (2016)

In this scenario, the respondent filed a petition in 1992 in the trial Court of Belgaum, asserting her right to inherit her father's property who passed away in 1988. The trial court mostly granted her claim. Dissatisfied with the decision, she appealed to the High Court, seeking her inheritance rights under the amendments to the Hindu Succession Act. Since the primary objective of the amendment was to remove existing disparities between sons and daughters regarding their coparcenary rights, she argued that she was entitled to her father's ancestral and self-acquired property since birth. The High Court ruled in favor of applying the amended provisions. However, the apex court overturned the High Court's decision, stating that unless explicitly stated in the statute, the act will have a prospective application.

Present scenario:

In the said case of: Vineeta Sharma vs Rakesh Sharma (2020)

• It was determined that women would be eligible for coparcenary status and rights equivalent to sons, regardless of whether they were born before or after the amendment.
• The condition that fathers should be alive on the date of passing of the act that is (09.09.2015) isn't required. The court gave the act a "retroactive" application. The bench's ruling in the Prakash versus Phulvati case was overturned, leading to gender equality. The court provided clarity on two key points: firstly, granting women equal coparcenary rights from birth, and secondly, disregarding the father's status at the time of the amendment. This decision clarified the ambiguity and confusion surrounding women's succession rights.

Conclusion:

Slowly and steadily things have changed. Gone are those days where patriarchy ruled women’s rights and wishes. The gender-unequal provisions are now laws of the past. The elimination of outdated traditions empowers women to assert property rights on par with men. Recent judicial advancements in acknowledging the property rights of Indian women signify a positive stride towards gender equality in India.

By-

Ms. Shivani Bhatia, Junior Attorney at Vis Legis Law Practice, Advocates