The Hindu Succession Act was drafted so that women and men inherit equally through the succession of property. Yet there are unequal provisions for men and women in the Succession Act — particularly, the principle where the intestate property of a predeceased son (Section 8) is inherited by class 1 heirs including the mother, widows, and their children. But after the mother's demise (Section 15), the property passes to the rest of the children of the deceased mother, which is unjust enrichment for siblings and unfair to the widow and her children.
The Hindu Succession Act, 1956 aims to modernise and codify intestate succession law. When a Hindu person dies without a Will, his or her property will be distributed as per the laws mentioned in the Act. In 2005, the Act was amended to eliminate gender-discriminating provisions. According to the amendment, a coparcener's daughter becomes a coparcener in her own right upon birth, with the same rights as a son in coparcenary property.
The 2005 amendment also repeals Section 23, which prevented a female heir from seeking partition of a dwelling house occupied by a joint family without male heirs' agreement, and Section 24, which prevented a widow from inheriting her husband's property if she remarried.
1. Joint-family/coparcenary property — property in which all coparceners share a common interest. Divisible into:
2. Self-acquired/separate property — acquired by a person through their own money or gift. Devolved through testamentary form (via will) or intestate form (after death, to wife, children, or other relatives).
Prior to the Act of 1956, all property laws were framed solely for the benefit of man, and women were regarded as second-class people relying on male support. The 1956 Hindu Succession Act was a compromise bill. It weakened the principle of survivorship and made progress in protecting property rights of female heirs close to the deceased man (widow, daughter, mother).
Due to the inherently uneven nature of succession, Kerala banned the Hindu joint family system through state legislation in 1975. Andhra Pradesh (1985), Tamil Nadu (1989), Karnataka (1994), and Maharashtra (1994) all adopted reformist policies. The 2005 amendment, applied to the entire country, guaranteed all daughters — regardless of marital status — equal coparcenary rights.
Section 8 of the Hindu Succession Act states the rules for ownership in the case of males. When a male intestate dies, the property will go to class I heirs first. There are eleven female members and five male members in this category. Section 15 states the rules for ownership in the case of females, and provides a different inheritance scheme depending on the source of the woman's property.
Women are occupying major positions in all aspects of society. Now women earn as likely as men or even more. These changing roles were mainly recognised due to the enactment of various laws for women. But these laws should maintain justice, morality and equality. The Hindu Succession Act should bring amendments on the inheritance of property of male heirs, especially for self-acquired property — a hard-earned asset.
In Kerala, the government abolished the Joint Hindu Family system in 1975. This Act should also be applied to the rest of India, as nuclear families now dominate the social landscape.
The Hindu Succession Act urgently needs changes according to the changing society. A bill should be introduced amending the principles which exist in Hindu Law so that the rightful receive what they deserve. The following provisions should be amended under Section 8: