Last Updated on April 3, 2020 by Legalseva.net

In the world led by male-dominance it’s plunder for the women of the same world to be at equality with their counterpart. One such area is of property rights. In the country where there is rule of law still incongruity prevails regarding certain matters. Human societies weren’t always male-dominated. It swapped once we became farmers, which suggests ways to soft pedal towards a more equal system. The overwhelming majority of cultures are patriarchies, where men are more likely than women to carry positions of social, economic and political power. So it’s tempting to assume that this can be the state of nature of affairs, perhaps because men are, on average, stronger than women. But a study of humanity’s roots suggests this answer is just too simple.

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Sociologists tend to reject predominantly biological explanations of patriarchy and contend that socialization processes are primarily accountable for establishing gender roles. As per standard sociological theory, patriarchy is that the results of sociological constructions that are passed down from generation to generation. Feminist historian Gerda Lerner believes that male control over women’s sexuality and reproductive functions is additionally a fundamental cause and results of patriarchy.

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Males also spend their lives within the group they were born into, whereas females leave at adolescence. As a result, males in the groups are more closely affiliated with one another than the females. They tend to feel superior in a way by not leaving after marriage.

The condition of female is seen to be in compromising state where she is forced upon to act according to will of the head of the family which again was a male. So, undoubtedly the right of possession to the ancestral property was also given to the males of the family. Having an assessorial backup provided a sense of secureness to the early males and our constitution also supported it through Hindu Succession Act, 1956 but it was soon amended by The Hindu Succession (Amendment) Act, 2005 by apex court. Section 6 of the former was significantly amended and the law which was previously governed by “mitakshara” law was then changed. The legal heirs of the property were now both son and female heir. There was coparcenary between both the children of personnel.

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Section 6 of the new act states as:-

• The female heir  of a inheritor cell by birth become a inheritor in her own right in the same manner as the son;
• The female heir  has the same rights in the property as she would have had if she had been a son;
• The female heir  shall be subject to the same liability in the said property as that of a son; and any reference to a Hindu Mitakshara inheritor shall be deemed to include a reference to a female heir  of a inheritor;
• The female heir  is allotted the same stake as is allotted to a son;
• The share of the pre-expired son or a pre-expired  female heir  shall be allotted to the surviving child of such pre-expired son or of such pre-expiredfemale heir ;
• The share of the pre-expired child of a pre-expired son or of a pre-expiredfemale heir shall be allotted to the child of such pre-expired child of the pre-expired son or a pre-expiredfemale heir.[1]

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Not only certain amendments were made but also certain sections such as section 4 sub- section (2) along with section 23 and section 24 of Hindu Succession Act 1956 were omitted.

The leading case behind it was the case filed by two sisters of Savadi family who claimed the property of their late father. The brother refused to share the property in 2002 so it made the sisters to file a plea regarding it and the case was then decided in the favour of the brother where he contended that the sisters were born before 2005 so they are not entitled to the property which was upheld by SC where SC said the year of birth is not a criterion for the law to be applicable. (https://www.indiatoday.in/education-today/gk-current-affairs/story/supreme-court-clears-that-women-born-before-hindu-succession-act-2005-also-have-ancestral-rights-1162549-2018-02-06 n.d.)

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There were certain other cases such as Danamma vs. Amar and there were many others cases also which gave judgement on the issue. Though some of the judgements were contradictory amongst them but thorough the entire journey it is clear that the amendment has been proved to be of great support in regards to support of gender neutrality and inheritance rights but there is a long way to go.

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One area of improvement is the act now talks only about the male and female rights but as we all know there is another section of the society which is apparently being left out and that is the community of “transgender”. The inheritance law nowhere mentions about the third gender in our society. They are being detached from us completely. We need to understand that they are also the part of society and our laws, especially property laws or family laws, should mention about them. By doing so it would not only empower them but would also make the world a better place to live.

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Rest for case specific advice, one can connect with top/best/expert Property Lawyers Advocates in Chandigarh Panchkula Mohali.

This post is written by Jashanpreet Kaur

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Bibliography

https://www.indiatoday.in/education-today/gk-current-affairs/story/supreme-court-clears-that-women-born-before-hindu-succession-act-2005-also-have-ancestral-rights-1162549-2018-02-06. n.d.

[1]https://pib.gov.in/newsite/erelcontent.aspx?relid=11899