The Hindu Succession Act 1956 applies to Hindus, Sikhs, Jains and Buddhists and regulates intestate succession—when a person dies without a will. Over the years, this Act has undergone several amendments to give women fair property rights over their paternal property.

Before The Hindu Succession Law

The old Hindu laws severely restricted women’s inheritance rights. They followed two primary inheritance customs: Mitakshara and Dayabhaga rules. The former school did not consider a woman a coparcener, a person who shares equal rights with others in the inheritance of an undivided estate, while Dayabhaga customs permitted a widow to inherit her late husband’s belongings; consequently, it gave them more privileges than Mitakshara law.

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However, under the Dayabhaga law, if the widow didn’t have a son, the property would belong to the closest male successor. Daughters were left out of the property rights. The Hindu Succession Act of 1956 addressed this discrepancy and standardised the inheritance rules for men and women. Later amendments to the Act brought fundamental changes to their rights. The 2005 amendment to the Act brought Section 6 to give women equal rights over their paternal property.

Amendment of Hindu Succession Act 2005

Before the 2005 amendment, a woman could not be a coparcener or a woman could not claim a right to her father’s property. The amendment inserted Section 6in the law to give women the same rights as men in the family, making them a legal heir to their father’s property by birth.

Addition of Section 14 and 15 to the Act

Ownership of Property: Section 14 of the Hindu Succession Act 1956 allowed them to own property in their name. Section 14 specifies, “Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner.” It can be a movable or immovable property and possession by partition, inheritance, maintenance, arrears, gifts, or purchase.

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Female Hindu Successor: Section 15 of the Hindu Succession Act 1956 deals with the succession rights of a female Hindu successor. It dictates the inheritance of a woman’s property should she die intestate. It classifies heirs with primary or secondary rights to the property. The first right belongs to the children, sons or daughters, and spouse. The second in line are those from the husband’s side. If none exist, parents and their heirs can claim rights to the property.