GENDER EQUALITY IN ANCESTRAL PROPERTY: RIGHTS OF DAUGHTERS AS COPARCENERS    

Authors : Mr. GAURAV YADAV

Publishing Date : 2022

DOI : https://doi.org/10.52458/9789391842673.nsp2022.eb.asu.ch.01

ISBN : 978-93-91842-67-3

Pages : 1

Chapter id : ASU/NSP/EB/TBTL/2022/Ch.01

Abstract : Coparcenary is a quasi-corporate body and it is creation of law. It has an automatic origin by birth or adoption in the family but cannot be created by mutual agreement between persons. The woman plays 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. This paper attempts to make an analysis of several changes made for the purpose of giving greater proprietary rights to women from time to time in the same manner as provided to men.

Keywords : Coparceners, Coparcenary System, Daughter, Father, Proprietary Right

Cite : Yadav, G. (2022). Gender Equality In Ancestral Property: Rights Of Daughters As Coparceners (1st ed., p. 1). Noble Science Press. https://doi.org/10.52458/9789391842673.nsp2022.eb.asu.ch.01

References :

1. Bare Act- Hindu Succession Act, 1956. 2. The Hindu Succession (Amendment) Act, 2005
3. Kesari, Dr. U.P.D. Modern Hindu Law, 11th Edition 2018, Central Law Publication
4. Sharma, Dr. Basant K. Hindu Law 5th Edition 2017, Central Law Publication
5. Gandhi, B.M. Hindu Law, Volume- II, EBC Publication
6. Mayne, Hindu Law & Usage, 16th Edition Reprint 2010, Bharat Law House, New Delhi.
7. Saxena, Dr. Poonam Pradhan. Family Law II, 4th Edition 2019, LexisNexis
8. Agarwal, Samarth. Ready Reckoner for Judicial Services Preliminary Examination, 2nd Edition 2020, ParikshaManthan.
9. https://www.thehindu.com/opinion/editorial/right-by-birth-the-hindu-editorial-on-daughters-and-hindu-succession-act/article32347299.ece visited on October 8, 2020.
10. https://www.scconline.com/blog/post/2020/08/11/daughters-have-coparcenary-rights-even-if-parents-died-before-the-hindu-succession-amendment-act-2005-came-into-force/ visited on October 8, 2020.