Hindu Succession Act gave women equal rights and challenged the biases of rights towards men. Women have been discriminated against and denied the right to property for years. Inheritance laws come under personal laws.

Laws and Acts:

• Hindu Succession Act: This Act is applicable to inheritance and succession among Sikhs, Hindus, Jains and Bhuddhists.
• Indian Succession Act: This deals with state laws for Christians, Parsis and Jew community.
• Muslim Personal Law: This Act governs non testamentary succession laws for Muslims. However, Mumbai, West Bengal and Madras are exceptionally governed by Indian Succession Act.
• Special Marriage Act: It deals with succession in intercaste marriages.

Rights as per Hindu Law:

The Hindu Succession Act, 1956 is applicable to anyone (both men and women) who converts into Hinduism along with being applicable to Hindus, Buddhists, Jains, and Sikhs. It is important to note that the provisions of the Act do not deal with testamentary succession, i.e. when there is a will left by the deceased. The Act only governs cases where no will as to how the property is to be distributed is there, i.e. it governs intestate succession only. 

The property rights of married Hindu women in India are primarily governed by the Hindu Succession Act, 1956, and its subsequent amendments, especially the Hindu Succession (Amendment) Act, 2005. These rights can be broadly categorised into different types of property: ancestral, self-acquired, and marital property.

Ancestral Property:

Daughter’s Right: After the 2005 amendment, a married Hindu woman (daughter) has an equal right to her father’s ancestral property, just like a son. She becomes a coparcener (joint heir) by birth in her father’s Hindu Undivided Family (HUF) and can demand a partition.

Self-Acquired Property of Parents: If a Hindu woman’s father or mother dies intestate (without a will), she has an equal right to their self-acquired property, along with her siblings.

Self-Acquired Property:

A married Hindu woman has full rights over any property she acquires or receives, whether through inheritance, gifts, or self-acquisition. She can dispose of such property by sale, will, or any other means.

Marital Property:

Stridhan is the property that a woman receives as gifts before, during, or after her marriage. This includes jewellery, cash, property, and other valuables. The woman has absolute ownership over her Stridhan and can manage, control, and dispose of it as she wishes.

Joint Family Property: In the case of a joint family property (usually under the Hindu Undivided Family structure), a married Hindu woman is not automatically entitled to a share unless she becomes a coparcener after the 2005 amendment.

Right to Maintenance and Residence:

• Under the Hindu Adoption and Maintenance Act, 1956, a married Hindu woman has the right to claim maintenance from her husband during her lifetime.
• She is also entitled to reside in the matrimonial home, which can include the self-acquired property of the husband or the joint family property.

Rights in Case of Divorce or Separation:

• If a marriage is dissolved or in the case of judicial separation, a married Hindu woman has the right to claim maintenance from her husband under the Hindu Marriage Act, 1955, as well as under Section 125 of the Criminal Procedure Code, 1973.
• Additionally, a woman can claim a share in the property if the property was acquired by the couple jointly.

Rights as a Widow:

• Upon the death of her husband, a Hindu widow has the right to inherit a share of her deceased husband’s property. The quantum of this share depends on the existence of other legal heirs.
• A widow also retains her right to maintenance from the husband’s estate as long as she remains unmarried.

Succession Rights:

• A married Hindu woman can inherit property from her husband, children, or any relative based on the laws of intestate succession laid down in the Hindu Succession Act.
• The property rights of a woman are retained even after her marriage. Her rights to her natal family’s property do not diminish because of her marital status.

Challenges and Limitations:

Despite the legal framework providing extensive property rights to married Hindu women, practical challenges persist, including societal attitudes, awareness of rights, and the implementation of laws. Women may face resistance when claiming their rightful share in ancestral or marital property, especially in rural areas or among certain communities.

Overall, married Hindu women have significant property rights under Indian law, both as daughters and as wives. However, the realisation of these rights depends heavily on social and familial contexts, legal awareness, and effective enforcement.

Hindu Wives:

Section 10 of the Hindu Succession Act mentions that the distribution of property takes place among all living heirs, including the deceased’s widow as well. She is entitled to an equal share of her husband’s property and is entitled to inherit all the property of her deceased husband.

Additionally, a married woman has sole authority and responsibility of her property, whether it be inherited, gifted, or self-earned. She has exclusive rights over the same and is entitled to maintenance, support, and shelter from her husband, or from her joint family if she was living in one.

Divorce settles issues and is proof that both do not owe anything to each other and are free from the bond. In case of the death of her divorced ex-husband, the wife is not entitled to any part of the property if he was intestate.

What if the husband married a second time without divorcing his first wife? In this rare case, the second marriage shall be considered void, and the wife from the second marriage shall not be entitled to any property. The rights of the first wife shall remain intact. However, children from the second wife will be entitled to get a share in the property along with other legal heirs.

BIASNESS:

Section 15 & 16 of the Hindu Succession Act 1956 states that if a woman dies intestate, her husband’s heirs are entitled to her self-acquired property, but not her parents. However, if the husband dies intestate, his relatives are entitled to the property, but not his wife’s heirs. 

Lead India’s experts are there to give you free legal advice and in case of any property related issues, our lawyers can guide you well as per the applicable laws.