A coparcener is a person who acquires interest in the joint family property by birth. Coparcenary includes the eldest male member + 3 generations. For example Son- Father- Grandfather- Great Grandfather. This group of people are known as coparceners and they have a right in ancestral property since the moment of their conception. It has an automatic origin by birth or adoption in the family but cannot be created by mutual agreement between persons. The woman play a paramount and momentous role in individual’s life. Securing her better birth rights & giving greater proprietary rights would mean giving better future to our own society, family and to every individual. The gender inequality facets in different forms but the most tedious one percept relate to proprietary rights of woman. This disparity in proprietary rights pertaining to gender spells from ancient time. Before 1937, a widow used to only have a maintenance claim upon the family of her deceased husband. She was not given any right on the undivided coparcenary interest of her deceased husband.
But after Hindu Succession Amendment Act 2005, the daughter of a coparcener shall by birth become a copartner in her own right in the same manner as son. It means she has the same right in the coparcenary property as she would have had if she had been a son.
But till 2018, only that daughter will have status of coparcener who fulfills these conditions-
- In 2005, joint property must exists.
- Her father was also alive at the time of commencement of 2005 Amendment.
Recently three judge Bench headed by Justice Arun Mishra in Vinita Sharma v. Rakesh Sharma 2020, ruled that since the right in coparcenary is by birth. Therefore it does not matter whether or not father coparcener was alive on 9th September 2005. Daughter cannot be deprived of their right to equality conferred upon them by section 6 of Hindu Succession Act, 1956. The judgement also noted that several cases on this issue were pending before different courts and requested the pending matters to be decided within 6 months.
Hence, we can say that the proprietary rights of women has been came a long way and had undergone many changes from time to time. The Hindu Succession (Amendment) Act, 2005 is an immense step in subverting patriarchal forces because it gives greater proprietary rights to women in the society. The Supreme Court in Vinita Sharma Case has cleared the confusion about the law and make it clear that gender cannot be grounds for denying anyone their inheritance rights. The interpretation by the Supreme Court removed male primacy over Hindu ancestral property. These reforms were also in line with the constitutional mandate of gender justice enshrined in Article 14, 15 and 21 of Indian Constitution.
“It took me quite a long time to develop a voice, and now that I have it, I am not going to be silent.”
Mr. Gaurav Yadav
Assistant Professor