Gender Equality under the Hindu Succession Act

Hindu Succession Act, 1956 has codified the property laws for Hindu, Sikhs, Buddhists and Jains. Hindu Women’s Rights to Property Act, 1937 was enacted prior to this and it brought major changes in the property rights of women by giving rights of succession to the Hindu widow for the first time. Streedhan was considered as the only absolute property of a widow. Section 14 of the Hindu Succession Act removed the disability of the Hindu female to acquire and hold property as an absolute owner and the right of women in any estate already held by her on the date of commencement of the Act as a limited owner was converted to absolute owner. The 2005 amendment has changed the overview of the act by giving equal property rights to Hindu daughters as similar to the sons of a Hindu family. The amendment has faced many challenges from the very beginning which is evident from the notable cases like Pravat Chandra Pattnaik and Others v. Sarat Chandra Pattnaik and Another where Court held that the Amendment was enacted to abolish the discrimination by giving equal rights to daughters of the family as sons in the Hindu Mitakshara property through Section 6 of the Act. Court also held that Section 6 will also give rights to daughters born before 2005 as coparcener as they are entitled to equal share as compared to the sons of the family. Section 14 of the Act has clearly given daughters the full ownership of their acquired property.