The Rights of Women vis-à-vis Succession under Hindu Law

The crux of coparcenary is a unity of ownership with the essence of unity of possession. No coparcenary can start without a common male ancestor, but after death may consist of collateral such as brothers, uncles, cousins, nephews. It is only an aspect of the law and cannot be proved by contract. However, an adopted son may be introduced as a member of the coparcenary. As soon as the common ancestor dies, the coparcenary of the brothers can be created. The 2005 Amendment in The Hindu Succession Act, 1956 with respect to Section 6 of the Act changes the whole idea of devolution of interest in coparcenary property by giving Hindus have the same rights as a coparcener as male Hindus. Prior to the 2005 Amendment, the position of Hindu women were very diverse, they were not treated as coparcener and they had no right to seek division.