The Hindu Succession Act 1956: Gender Bias and the Need for Reform

Abstract

The merit of a civilization can be gauged from the status of women in its ongoing era. Since Vedic times, the status of women in Indian society has always been considered secondary to that of men. Throughout history, Hindu women have faced inequality in terms of rights related to their inheritance. Justice Sujata V. Manohar has said that since independence several legal reforms have been implemented in India with regard to women's rights, including giving daughters the same share as a son in property, however, the same status is still elusive.
In India, the subject of inheritance is governed by personal law, which governs how a person's property is inherited. In addition, there are also state laws, which govern the inheritance of certain properties, such as land. It can be seen that many social issues develop from gender inequality as well as individual religious laws. This presence of various religious laws is described as legal pluralism. In this context, properties succession cases between Hindus, Sikhs, Jains and Buddhists are governed by the Hindu Succession Act, 1956 (HSA).
The Hindu Succession Act provides for property rights and inheritance. 1860-1937 was the period of classical law in India and it brought forth one of the first significant changes related to laws for women in the Hindu Undivided Family (HUF). In 1937, the Hindu Women's Right to Property Act, 1937, was passed regarding widows stating that no widow can ask for partition, but the widowed mother can get a share in such a division when there is a division between brothers in the family. This was a huge development with regard to the rights of widows in HUF and it was stated that the right to partition would also be given to widowed mothers. It gave widows the right to step in place of deceased coparcener, but this right was limited and they were not given the right to ask for partition.
Let us now move on to the Hindu Succession Act, 1956, when the Hindu Woman's Right to Property Act was amended. This was one of the most important developments related to women's rights to property in a HUF. In the amended Act of 1956, widows, mother and daughter were also included in class 1 heirs, which meant that if there was a division into a HUF, a widow, daughter and mother would also now be in the first row to get the property of the deceased man. After the amendment, Section 14 of the 1956 Act has retrospective effect on women, including widows.
This section states that any property owned by a Hindu woman, whether acquired before or after the commencement of the 1956 Act, shall be held by her as the absolute owner. It was a prodigious move that enabled women to get equal rights with regard to property in India. Section 2 of the Hindu Succession Act 1956 says that the Act applies to any person who is a Hindu, Jain, Buddhist or Sikh by religion.