Coparcenary Rights of Women under Hindu Law | 18 Jun 2024
Introduction
Coparcenary is a concept within the Hindu joint family, focusing on a smaller subset of family members who share
the inheritance rights to ancestral property. Traditionally, this unit included only male members who were lineal
descendants of a common ancestor.
After the Hindu Succession (Amendment) Act 2005, women could now become coparceners in a succession of
the property of the patriarch and hold equal depositionary rights to the property.
The Amendment to Section 6 of the Hindu Succession Act, 1956 (HSA) that deals with the Devolution of
Coparcenary property has made this possible, and women can also inherit property as coparceners.
Historical Background
Under the HSA, a coparcenary was strictly a male domain.
Women, though they could inherit property, were not considered coparceners. This meant they did not have the
right to demand partition or claim a share by birth in ancestral property.
The coparcenary rights were exclusive to sons, grandsons, and great-grandsons of the common ancestor.
Effect of Hindu Succession (Amendment) Act, 2005
The concept of coparcenary rights underwent a monumental change with the Hindu Succession (Amendment)
Act, 2005.
The key changes brought by the amendment includes:
Equal Coparcenary Rights: Daughters were granted the same rights as sons in the coparcenary property.
This means daughters, like sons, have a birthright in the ancestral property and can demand partition.
Rights in Agricultural Land: The amendment ensured that daughters have equal rights in agricultural
land, addressing disparities that existed due to various state laws.
Liabilities: Daughters, now coparceners, also share the liabilities of the coparcenary property equally
with the male members.
Retrospective Application: The amendment applies retrospectively, meaning it considers daughters as
coparceners from the time of their birth, provided the property division did not occur before December
20, 2004.
Section 6 of Hindu Succession Act, 1956
The 2005 Amendment repealed the long-standing discriminatory practice of excluding women from the
coparcenary system. It was done by amending Section 6 of HSA.
As per Section 6(1) of amended HSA, like sons, the daughter of a coparcener will by birth become a coparcener
in her own right.
Share in coparcenary property
According to Section 6(3) of HSA, a deceased coparcener’s stake in the assets of a Hindu Undivided Family will
pass through testamentary or intestate succession. The devolution must occur in a manner that:
The daughter has the same share as that of a son.
Pre-deceased woman coparcener’s share goes to her surviving children similarly in the same way it was
given to her.
Implications and challenges
The recognition of women as coparceners has profound social and legal implications that are as follows:
Gender Equality: The amendment marks a significant step towards achieving gender equality in property
rights, challenging long-standing patriarchal norms.
Economic Empowerment: By granting women a share in ancestral property, the law empowers them
economically, providing them with financial security and independence.
Family Dynamics: The new rights can alter family dynamics, potentially leading to disputes and litigation
over property.
Implementation Issues: Despite the legal provisions, implementation remains a challenge due to lack of
awareness and resistance from patriarchal segments of society.
Case Laws
Prakash v. Phulavati (2015):
The Supreme Court held that the amendment of 2005 applies prospectively, and it only affected cases
where the father was alive on the date of the amendment.
Vineeta Sharma v. Rakesh Sharma (2020):
The Supreme Court overruled the judgment of Prakash v. Phulavati (2015).
It was held that the provisions contained in substituted Section 6 of the Hindu Succession Act, 1956 confer
status of coparcener on the daughter born before or after amendment in the same manner as son
with same rights and liabilities.
This decision clarified the retrospective application of the amendment and reinforced the principle of
gender equality.
Conclusion
Coparcenary rights under Hindu law have evolved significantly, especially with the amendments and judicial rulings
ensuring gender equality. The inclusion of daughters as coparceners marks a critical shift towards equitable
property rights, reflecting the broader societal movement towards gender justice. While challenges remain in
implementation, the legal framework now firmly supports equal rights for women in ancestral property, promoting
a more just and equitable society.
