The Hindu Succession Act, 1956 gave
women equal inheritance rights with men. But the daughters were not given a
birth right in the ancestral property under the Mitakshara coparcenary.
Coparcenary refers to equal inheritance which was restricted only to male
members of the Hindu Undivided Family. It is a narrower body of persons within
a joint family. Coparceners jointly inherit property and have unity of
Coparcenary is limited to three generations next to the holder. If a man has
sons, grandsons and great-grandsons living, all of these constitute a single
coparcenary with him. The share of coparceners in the joint coparcenary
property was fluctuating which diminished and enlarged with the birth and death
of a coparcener in the family. No female was a member of the coparcenary in
Mitakshara law before the Hindu Succession (Amendment) Act, 2005. If the family
owned a dwelling house, then the daughter's right was confined only to the
right of residence and not possession or ownership. The daughter has been made
a coparcener by birth in the joint property after coming into force of the
Hindu Succession (Amendment) Act, 2005.
Personal Phone Legal conference
Discuss your legal concerns from anywhere in the world in person, on phone
This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice in India abroad regarding their individual legal, civil criminal issues or consult one of the experts online.