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Unequal division of inheritance & Women's right to property in India

 

 women's property rights

According to The Indian Succession Act, 1925, everyone is entitled to equal inheritance, except Hindus, Sikhs, Jains, Buddhists and Muslims. Under this act, the daughter of a person dying intestate would be entitled only to one-fourth of the son’s share, or Rs. 5,000/- (Sthree Dhana), whichever is lesser.
To actually achieve equal inheritance to all, the laws will have to be amended. In regard to succession to property among Hindus, the right by birth should be abolished and the Mitakshara coparcenary should be converted into Dayabhaga, that means equal distribution of not only separate or self acquired properties of the diseased male, but also of undivided interests in coparcenary property. Daughter of a coparcener in a Hindu joint family governed by Mitakshara Law to be coparcener by birth in her own right in the same manner as a son; to have right of claim by survivorship and to have same liabilities and disabilities as a son; coparcenary property to be divided and allotted in equal share.

Daughter of a coparcener in a Hindu joint family governed by Mitakshara Law to be coparcener by birth in her own right in the same manner as her son; to have right of claim by survivorship and to have same liabilities and disabilities as a son; coparcenary property to be divided and allotted in equal share.
However, to actually achieve equal inheritance to all, the laws will have to be amended. In regard to succession to property among Hindus, the right by birth should be abolished and the Mitakshara coparcenary should be converted into Dayabhaga; that means equal distribution of not only separate or self acquired properties of the diseased male, but also of undivided interests in coparcenary property. In the view of such recommendations by NGOs and governmental organizations over the time, The Rajya Sabha on August 16, 2005, passed the Hindu Succession (Amendment) Bill, 2004, giving daughters and sons equal rights to property. According to this bill, any woman, irrespective of the marital status, has full right to inherit ancestral property just like a son of the family.
This bill, if approved, looks forward to completely abolishing the Hindu Succession Act 1956 by giving equal rights to daughters in the 'Hindu Mitakshara Coparcenary property', as sons have.

If however, any of the parents have built some property and have made a will of their own, this law would be ineffective. This law would stipulate a new, comprehensive and fair system of inheritance. The bill is yet to be passed. The country, apart from the laws, will have to change its attitude, its mindset, to come of this issue of inheritance. 

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