NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL

FAMILY LAW - II PROJECT ON

“AN ANALYSIS OF FEMALE INTESTATE

SUCCESSION UNDER THE HINDU
SUCCESSION ACT”

TRIMESTER – VI

Submitted by Submitted to

Aakash A Assistant Prof. Kavita Singh

2018B.A.LL.B (Hons.)42

Enrolment No: A-1949

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 ACKNOWLEDGMENT

I have been taught the subject of Family Law – II by our Respected Lecturer, Dr. Kavita
Singh who helped me all through in the accomplishment of this project. My sincere thanks to
the Respected Lecturer, who helped me in identifying the research gaps in the topic under
study and its related resources, which led me to present it in a more logical manner. She not
only provided me a platform to compile but also guided me at all levels.

I also would like to thank the staff members of the library and the computer section for their
cooperation in making available the books and accessing the internet even during their free
time.

I hope that the project in its present form will enable the future researchers to conduct further
research on the chosen topic, and also aid the existing scholars in the form of a reference.

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 CERTIFICATE

This is to certify that the project work on analysis of An Analysis Of Female Intestate
Succession Under The Hindu Succession Act has been prepared and submitted by Aakash
A, who is currently pursuing his BA LLB. (Hons.) at National Law Institute University,
Bhopal in fulfilment of Family Law - II course. It is also certified this is original research
report and this paper has not been submitted to any other university, nor published in any
journal date -

Signature of the student …………………………….

Signature of the research supervisor …………………………..

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 TABLE OF CONTENTS

ABSTRACT.............................................................................................................4
INTRODUCTION.....................................................................................................6
ANALYSIS OF THE HINDU SUCCESSION LAWS FOR A FEMALE HINDU DYING
INTESTATE.............................................................................................................7
HINDU SUCCESSION LAWS FOR A FEMALE HINDU DYING INTESTATE VS MALE
HINDU DYING INTESTATE.....................................................................................9
HINDU SUCCESSION (AMENDMENT) ACT, 2005 AND MITAKSHARA
COPARCENARY....................................................................................................13
FAILURE OF THE HINDU SUCCESSION (AMENDMENT) ACT, 2005 – CASE
REVIEWS.............................................................................................................15
CONCLUSION......................................................................................................17
BIBILOGRAPHY....................................................................................................18

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ABSTRACT

Manu and Baudhyana, the ancient lawgivers described a good woman as a deeply non-
autonomous self, reigned by father in her childhood, by her husband in her youth, and by her
son in old age. However, in the 19th century discussions, she came to be defined as a person
with inviolate autonomy, owning a bunch of immunities and entitlements, even when the
community or religion or family refused to accept the same. Hence, the demand for the novel
laws arose from a necessary autonomous right of feminine personhood that the State must
underwrite. This paper is an attempt to understand the Hindu succession laws for a female
Hindu dying Intestate, and the differences between the laws governing the female Hindu and
a male Hindu dying intestate. Besides, the effectiveness of the Hindu Succession
(Amendment) Act and its failure to address certain discrepancies are also highlighted in this
paper.

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INTRODUCTION

The contemporary Hindu succession laws is one of those few personal laws that changed with
the change in time. By adopting to the interpretation of Vijnaneshwara’s concept of stridhan
and by taking some of the rigid male dominated succession rules laid out by Manusmriti,
these laws came into effect1. Although the contemporary Hindu succession laws provided a
safe position to Hindu wives and also widows over the possessions of their husband or over
the property owned by their in-laws, cases that involved the widow of a predeceased son,
unmarried girls share in the partition of a dwelling house or the share of residency of a
married daughter in her ancestral house largely remained unanswered. Moreover, it was about
fifty years after the enactment of the Hindu Succession Act 1956 that these discrepancies
were resolved through the Hindu Succession (Amendment) Act 20052.

Hindu law was a subject of disparagement prior to the Hindu Code Bill, owing to the glaring
inequalities that were in the law. Nevertheless, the code bill was not able to structure the
inequalities in a proper way, and hence had to be amended with a stride of alterations.
However, till today, the numerous amendments made in the Hindu Succession (Amendment)
Act in an attempt to make it progressive is not effective in bridging the gap. Inequalities
remain, especially those that stem from the male-controlled environment of the Hindu
society. However, these are so understated, that not only the women are victimized, but also
the close heirs of these women also suffer discrimination. This is a clear failure of the Hindu
Succession (Amendment) Act, which is enacted in the first place to treat both genders on an
equal footing. Further, HSA has not been able to achieve even the rudimentary characteristics
of an upright succession law3.

STATEMENT OF PROBLEM:
What is the position when a Hindu Woman dies intestate under the Hindu Law?

OBJECTIVES:
1
A K Sinha, (2005), Some aspects of ancient Indian society and polity, Constitutional History, Anamika
Publishers and Distributors, India
2
(2008), Law Commission of India, Report no.208, July 2008, Government of India
3
Pal, A. (2016), Transformation of Women’s Rights under section 6 of the Hindu Succession Act, 1956, O.P.
Jindal Global University

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 The following objectives are involved in the study of above mentioned topic:
1. To study the concept of succession.
2. To study the differences between male and female property owners.
3. To try to understand the legal position under Hindu Law.

RESEARCH QUESTIONS:
1. Whether succession of property from a female relative allowed under the Hindu Law?
2. What are the legal principles laid down in the Supreme Court judgments?

REVIEW OF LITERATURE:
Many books and articles were taken into consideration while making this project:
1. Peeyushi Diwan Paras Diwan, Family Law, Allahabad Law Agency: Several Case summaries
were referred to from this book.
2. Kusum, Cases and Materials on Family Law, 1st. ed. 2007: This book provides for the
relevant caselaws.
3. Manupatra: A copy of the required judgments was obtained.
4. Mishra, (2015), Devolution of Property of the Hindu Female: Autonomy, Rationality and the
Law, International Journal of Law, Policy and The Family, p.1-18
5. P. K. Das, (2011),Hindu Succession: Property Rights of Women and Daughters, Universal
Law Co. Publishing Ltd, India, Third Edition

METHOD OF STUDY: The present research work is based doctrinal method of data
collection. It takes into consideration various books, articles and papers on the same or
related topic. The study has tried to deal with the basic concept first and then with the related
provisions, explaining every component of it.

ANALYSIS OF THE HINDU SUCCESSION LAWS FOR A FEMALE

HINDU DYING INTESTATE

Under the Hindu law that was in operation before the HSA came into force, a woman’s
proprietorship of property was circumvented in by some limitations on her right of disposal.
These laws also limited her testamentary power over that particular property. Doctrinal
multiplicity existed on these situations. Divergent authorities only made it more difficult as

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they interpreted different meanings to a term by giving it technical significance. In earlier
days, Women were supposed to be weak, and not have power of total alienation of property.
These restrictions imposed by the Hindu laws on the rights of property owned by women also
depended upon her marital or unmarried status. These laws also depended upon the nature
and source of the property. Although, there were some disjointed legislations upon the
subject such as the Hindu Woman’s Right to Property Act, 1937, the established laws were
still short of conceding a status to woman where she can retain, acquire and dispose of the
property as that of a Hindu male 4. Further, the Hindu Succession Act, 1956, particularly
Section 14, brought considerable change, thus, upon the features of a right of a female Hindu
over her property and thus settled the conflicts 5. Section 15 states the general rules of
succession in the case of a Hindu female: They are listed below:
1) The property of a Hindu female dying intestate shall pass to another person based on the
rules set out in Section 16 in the following order
 Firstly, upon the sons and daughters (including the children of any pre-deceased son
or daughter) and the husband
 Secondly, upon the heirs of the husband
 Thirdly, upon the mother and father
 Fourthly, upon the heirs of the father
 Lastly, upon the heirs of the mother.
2) Notwithstanding anything restricted in Sub-Section (1)
(a) Any inherited property of a Hindu female from her mother or father shall devolve, in the
absence of any daughter or son of the deceased (including the children of any pre-deceased
son or daughter) not upon the additional heirs referred to in the above sub-Section (1), but
upon the heirs of the father
(b) Any inherited property of a Hindu female from her husband or from her in-laws shall
devolve, in the absence of any daughter or son of the deceased (including the children of any
predeceased son or daughter) not upon the additional heirs referred to in sub-Section (1), but
upon the heirs of the husband6.

Section 15 propounds a definite and constant scheme of succession in the property of a Hindu
female who dies intestate after the enactment of the Act. However, the rules laid down by this
4
See Sub-section (2) section 14, Hindu Succession Act, 1956
5
Ramaiya Konar vs. Mottayya Madalla. A.I.R. 1951 Had. 954
6
S A Kader, (2004), The Hindu Succession Act, 1956, Inheritance and Succession, Universal Law Publishing,
India

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Section have to be read along with Section 16 as it groups the heirs of a female dying
intestate into five categories based on sub-Section (1)7.

On the other hand, sub-Section (2), is in the nature of an omission to the general rules as were
seen in sub-Section (1). Mainly, the two omissions are, if a female Hindu dies without
leaving any issues then,
(i) The property inherited by her from her mother or father will devolve not
according to the rules laid down under sub-Section (1), but upon the heirs of
father, and
(ii) The property inherited by her from her father-in-law or husband will not devolve
as per the rules laid down under sub-Section (1), but upon the heirs of husband8.

More importantly, the exceptions herein mentioned are confined to only the properties
inherited from the parents, husband or father-in-law of the Hindu female and does not affect
the properties acquired or possessed by her through gift or any other devices. This Section
has changed the whole concept of stridhan, and the manner of acquisition of properties by a
female Hindu, which earlier decided how the property will be inherited or acquired, and this
has been amended and changed by this Section. However, while considering Section 17, one
has to take into account that Section 16 does not apply to persons ruled by Aliyasantana and
Marumakkattayam laws.

HINDU SUCCESSION LAWS FOR A FEMALE HINDU DYING

INTESTATE VS MALE HINDU DYING INTESTATE

Discrimination against women is so universal that it occasionally surfaces on a simple perusal

of the laws enacted by the legislature itself. This is true in relation to laws ruling the
succession or inheritance of property amongst the family members of a Joint Hindu family.
The discrimination is too deep and methodical that these discriminations have placed women
at the receiving end. The open acceptance made by the Law Commission of India in its
reports truly reflects the nexus of the state with the patriarchal psychology that does not grant
equal inheritance rights to Hindu female in India. A thorough gender analyses of Hindu laws
pertaining to a woman’s ownership to property within a home reveals a consistent pattern of

7
AIR 1951, Madras 954, at p.957
8
K H Dev, (2010), Supreme Court on Hindu Law, Hindu Law, Universal Law Publishing, India

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demotion of woman’s economic interests. A Woman’s property rights are predisposed by
both social and legal structures, and these structures are subject to interpretation and changes,
which is often influenced by gender norms and numerous economic, demographic and social
pressures.

Articles 16, 15(3), 15(2) and 14 of the Constitution disapprove of any discrimination and
permit the state to uphold protective discrimination in favour of woman 9. The Directive
Principles order that the state shall endeavour to ensure equality between a female and male
counterpart. The instant effect of the social goals as envisaged in the Preamble of the
Constitution, and as per the guarantee of equality enshrined under Article 14, and as per the
abolition of discrimination based on the grounds of birth or gender as assured in Article 15
demanded an immediate fixing of the rules governing the Hindu succession laws, and the
Parliament responded to these demands by enacting the Hindu Succession Act, 1956. The
HSA Act marks a new epoch in Indian social law-making, as to some extent, it removed the
pre-existing discrimination found in inheritance on grounds of birth or gender, thus
guaranteeing the right to dignity and equality of person as enshrined in the Preambles of the
Constitution and Fundamental Rights. Even though the Hindu Succession Act 1956 is a
contrary to the classic Hindu laws of succession, it is also not free from acute discrimination.
A thorough evaluation of the Hindu Succession Act 1956 brings to light the discrepancies
within its provisions and the likely consequences of these on its goal of defending women’s
equal rights in the matters of succession. The clutches of tradition were so strong that even
while presenting sweeping changes, the honourable legislators conceded in some respects
about the inferior position of the women thereby yielding to pressure, and sacrificed the
uniformity which was one of the major aims in bringing this law 10. Oddly, for a Hindu
female, the marital status, she has children or not, from where she had acquired the properties
are extremely important, and every factor influences her succession to her property thus
giving rise to unjustified consequences in law. Old-fashioned systems were reshaped into
formal, linear and stringent structures, which again exercised larger patriarchal control over
woman and her right to property11.

9
Indian Journal of Law and Justice, (2010), Department of Law, University of North Bengal, West Bengal, Vol.
I
10
AIR 1996 SC 1011
11
Law Commission of India, (2018), Consultation Paper on Reform of Family Law, 31st August, 2018

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During the British era, prior to the establishment of the Hindu Succession Act, a Hindu
female owned two kinds of property namely Stridhan and Hindu women’s estate. Stridhan
literally means, a woman’s property. If the property is Stridhan or not is based on the source
from which she had acquired the property and also her marital status at the time of
attainment, i.e. if she was married, unmarried or a widow. The ancient law giver Manu
computes six kinds of Stridhan:
1) Gifts made prior to the nuptial fire
2) Gifts made at the time of bridal procession
3) Gifts made as a token of love by her father-in-law or mother-in-law
4) Gifts made by her father
5) Gifts made by her mother, and
6) Gifts made by her brother12.

Katyayana also mentions the same six kinds of Stridhan as described by Manu, however, his
definition is large enough to include gifts received during the bridal procession or prior to the
nuptial fire from strangers. Over a period of time, two different categories of rights over
Stridhan were established - sauadayika – where she had the full rights of disposal, namely,
gift, sale, will or any other ways that she chooses to dispose, and it also included properties
that a married daughter inherited from her father or mother, and gifts from relatives of before
the nuptial fire, and the property she acquired through mechanical arts or self-exertion during
her maidenhood or widowhood. Another category of rights is named as non-sauadayika –
where she enjoyed only limited ownership and denied right of alienation without consent of
her husband who also can use it, and this included gifts from strangers, property acquired
mechanical arts or by self-exertion as a married woman. The very concept of Stridhan was
created before the British era, while the Hindu woman’s estate was a manufacture of the
British administration in India. Moreover, earlier, the Hindu woman lost these limited rights
on her remarriage, death or on being adopted, and the property reverted or devolved upon to
the next heir of the previous owner of the property13.
Furthermore, the Hindu Succession Act 1956 lays down diverse categories of heirs for
females dying intestate when compared to the heirs of males dying intestate, which was not
addressed even in the subsequent Hindu Succession (Amendment) Act 2005. If a Hindu
female dies intestate, in the absence of her husband or children, the heirs of the husband are

12
Rege and Waman, (2018), The law of Sridhan (The Hindu Woman’s Separate Estate), ProQuest LLC
13
Ibid

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preferred to inherit her property over her own parents. On the other hand, if a male dies
intestate, his mother together with his blood relations inherit the property simultaneously. In
addition, the Hindu Succession Act 1956 does not differentiate between a woman’s inherited
property and self-acquired property while laying down the rules of the devolution of property.
This is important as under this law, the heirs of the husband are preferred over her parents
even when it comes to the passing of her self-acquired property. The presence of heirs of the
husband refutes the rights of even the woman’s own blood relations 14. These practices are
unwarranted and unfair. It must be taken into account that the provisions were framed at a
time when the daughters did not have coparcenary rights and were not independent
economically. The defense that post marriage the matrimonial home of a married woman’s is
her permanent abode, and the parental or natal location becomes a thing of the past is
intentionally aired and wanted to be forced in the attire of religious dictates as transportation
of a female from the natal family to the marital home is critical for administering patriarchal
norms.

Contrarily, the society had witnessed enormous social change in the past few decades, and
women are making an impact in all spheres of life, which is making them socially and
economically strong. Thus, there is an increasing demand for establishment of laws that are
free from gender bias, and which provide legal equality to females in all spheres of life. In
spite of the Constitution’s mandate to treat female and male counterparts equally, the
discriminatory provisions of the Hindu Succession Act 1956 still continues. Any societal
discrimination on the grounds of gender, is not only unconstitutional, but is also an antithesis
to a society that is constructed on the tenets of democracy. The Constitution of India
preserves the principle of gender equality in the Preamble and also in parts III, IVA and IV
pertaining to Fundamental Rights, Directive Principles and Fundamental duties respectively15.

The Constitution not only offers equality to women, but it also empowers the State to assume
measures of constructive discrimination that favours women. Presently, India is becoming
increasingly aware of the necessity for equal rights for the women, and the government can’t
afford to ignore as the property rights will have a direct impact on the economy of the
country. The demand to dispense gender justice many times give birth to deep political
debates, and acrimony in the legislative forums. On many occasions, these demands also

14
Halder and Jaishankar, (2008), Property Rights of Hindu Women, Journal of Law and Religion, HeinOnline
15
Prativa Rani v. Suraj, Kumar 1985 S.C.R. 628

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enthused the house to move bills to make amendments to the Hindu Succession Act, in order
to secure the rights of women in the inheritance or devolution of property16.

HINDU SUCCESSION (AMENDMENT) ACT, 2005 AND MITAKSHARA

COPARCENARY

The aim of the Hindu Succession (Amendment) Act is to end the gender discrimination
prevailing in the Mitakshara Coparcenary by including the daughters in the ancient system.
Although, Mitakshara is only one of the two schools of Hindu Law, it prevails over a large
part of the country. This system defines that a son, son’s son, great grandson and also the
great-great grandson have a right by birth to their ancestral property, or to the properties in
the possession of the father, and their interests are also equal to that of the father. The group
of family members having this right is called as a coparcenary. The Mitakshara coparcenary
is currently confined only to the male members of a Hindu joint family17.

Right from the creation of the Hindu traditional family, the outlining of all property laws
were made only for the benefit of a man, and the woman had been considered as subservient,
and entirely dependent on her male counterpart. The right to property is not only important
for the economic status of acountry, but also to the development and freedom of a human
being. Prior to the Hindu Succession Act of 1956, Customary and Shastric laws that varied
from region to region only governed Hindus, and there were different laws in the same region
based on caste and birth. Owing to the sheer size of the country, social interactions and
communication in the past were done with great difficulty, and this led to the diversity in the
framing of laws. Accordingly, in matters of succession, there were diverse schools of
thoughts such as Dayabhaga in Bengal, Mayukha in Konkan, Bombay and Gujarat, Nambudri
or Marumakkattayam in Kerala and Mitakshara in the remaining parts of India with minor
variations18. The diversity of succession laws of India is because of its varied origins, and this
made the enacting of property laws even more multifaceted. However, the social reformist
movement through the pre-independence period upturned the problem of gender
discrimination and numerous ameliorative steps were introduced. The major reform that was
16
Usha v. Smriti 1988 Cal. 115 (1988)
17
Halder and Jaishankar, (2008), Property Rights of Hindu Women, Journal of Law and Religion, HeinOnline
18
Report of the Standing Committee of the Parliament on Law and Justice, available at
https://hrln.org/admin/issue/subpdf/Report_of_the_Parliamentary_Standing_Committee_05May.pdf accessed on
03/05/2020

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obligatory, and one which developed into a pressing necessity because of the changing
economic and social situations, was that when it comes to inheritance of property, there
should be impartial distribution between female and male heirs, and that the Hindu female’s
limited estate should be changed into full-fledged ownership. But, it never happened, and
even today, the only property over which a Hindu female has an absolute ownership is the
Stridhan.

The Hindu Succession (Amendment) Act, 2005 brought a landmark change in the way things
were done under the Mitakshara Coparcenary system. After 50 years of independence, the
Government finally made an effort to address some of the persisting gender inequalities that
were prevalent under the Hindu Succession Act 1956. The 2005 Act tries to address
inequalities on several fronts, which include Mitakshara joint family property, agricultural
land, widow’s ancestral property and the parental dwelling house. These amendments came
into effect from the year 200519. Coparcenary plainly means heirship of property or joint
inheritance, and this is also sometimes referred to as parcenary.

Coparcenary refers to a group of members of a joint family, and normally consists of father,
his son, son’s son, and great grandson. The disparity in the Mitakshara system regarding the
property rights of male members of the family is deep rooted and it can be traced back to the
older times. Customary Hindu inheritance laws grew from the ancient texts popularly referred
as Dharmashastras and based on the legal treatises and commentaries that forms a part of
these ancient texts. The Dayabhaga and Mitakshara legal doctrines were dated around the
twelfth century AD, and these legal doctrines govern the majority of the inheritance practices
in Hindus. In parts of western India and the entire north India, Mitakshara lwas is prevalent 20.
As the Mitakshara law states that the son acquires an interest and right in the family property
by birth itself, it discriminates the daughters’ rights from that of a son right from the
beginning. According to this school of thought, a son, grandson and a great-grandson creäte a
class of coparceners, based on their births into the family. However, no female is a member
of the coparcenary under the Mitakshara law. Moreover, the Mitakshara system defines joint
family property devolution through survivorship within the coparcenary. That is, with every
birth or death of a male member of the family, the share of other surviving male members

19
Mishra, (2015), Devolution of Property of the Hindu Female: Autonomy, Rationality and the Law,
International Journal of Law, Policy and The Family, p.1-18
20
P. K. Das, (2011),Hindu Succession: Property Rights of Women and Daughters, Universal Law Co.
Publishing Ltd, India, Third Edition

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either gets enlarged or diminished. For example, if a coparcenary only consists of a father and
two sons, each member will own one third of the property. But, if another son is born into the
family, the share of each male member gets reduced to one fourth automatically. The
Mitakshara law also acknowledges inheritance by succession, however, only for the
properties owned by an individual female or male separately. Females are normally included
as heirs to these kinds of separate properties under Mitakshara law21.

FAILURE OF THE HINDU SUCCESSION (AMENDMENT) ACT, 2005 –

CASE REVIEWS

The failure of Hindu Succession (Amendment) Act, 2005 to provide justice to a Hindu
female is evident from the verdict of Om Prakash v. Radha Charan22. This case is about a
Hindu female Narayani, on whose death, the court faced a dispute regarding the successors to
her property. Narayani’s mother duly filed an application for obtaining a succession
certificate based on Section 372 under the Indian Succession Act, 1925. However, the
brothers of the deceased woman’s husband, also filed an application to get the inheritance of
Narayani’s self-acquired properties. In order to comprehend the intricacy of the issue, it is
imperative to understand the origin of the property and how it was acquired.

On a young age, Narayani lost her husband due to snakebite, and that too, within a short
period of their marriage. Subsequently, she was asked to move out of her in-laws matrimonial
home, who later became the respondents to her property. She never stayed in touch with her
in-laws in the 42 years that she spent at her parents’ home, and the in-laws never extended
any kind of financial or moral support to her after the death of their son. She was supported
by her parents, and they educated her, and subsequently she landed up in a well-paid job.
However, when she died intestate leaving behind huge amount of properties that include
provident fund, bank accounts, land etc. the in-laws decided to try their luck in the court. The
verdict of this lawsuit favoured the in-laws as the judges were of the opinion that sympathy or
sentiments does not have a role to play in the interpretation of the laws of the land. Moreover,
they stated that it should not be interpreted conversely to the manner in which it was
envisaged by the legislature. As the Hindu Succession (Amendment) Act, 2005 clearly
21
Saluja and Saxena, Changes brought in the position of women specifically in Section 6 of the HAS, 1956 after
the 2005 Amendment, available at www.legalserviceindia.com, accessed on 03/05/2020
22
Singhal, A. (2015), Female Intestate Succession Under Hindu Law: Analysing its Constitutionality, available
at https://indconlawphil.wordpress.com/tag/hindu-succession-act/

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mentions that the self-acquired properties would be passed on to the husband or the heirs of
the husband in his absence, the court was forced to pass a judgment that favoured the
respondents. Although it is comprehensible that the court may not have gone beyond the
objective of the legislature, nevertheless, the court did not wholly endorse the Parliament’s
objective either. It was claimed that since the intention of the Parliament while presenting the
said section was to direct the property back to the home and not to any stranger. However, in
this case, although the property was acquired by Narayani using her parent’s money, it was
never returned to her parents.

The judgment can be disapproved based on many factors, such as the ignorance of principles
of justice, equity, public policy and good conscience. It is mandatory that the succession laws
should be modified in such a way that it determines not only the heirs that are entitled to the
property, but also, the persons that should be disentitled. Section 15(2) clearly states that the
property should not be inherited by an individual whom justice would necessitate it should
not pass. However, in the above case, the court settled the property in favour of the people
who behaved cruelly towards her. The court must have deprived them the locus standi of
requesting the property of a person whom they had ignored for more than four decades.
According to Section 25 of the Hindu Succession Act, a murderer is disqualified from
inheriting any property of a person that he/she has murdered, and this can be applied to the
above case. Moreover, the challenged case is not the only one that neglects the intention of
the legislature. The HSA as laid down might have some intrinsic flaws in itself, which calls
for many more amendments.

On the other hand, in Mamta Dinesh Vakil v. Bansi Wadhwa 23, the judgment introduced
reforms in the Hindu female intestate laws. Though, the case is a systematic female intestate
succession matter, it challenged the constitutionality of the law as defined in the HSA.
Moreover, this case also challenged the effectiveness of Section 15 and Section 8 of the
Hindu Succession Act 1956. However, the judiciary upheld the intention of the Parliament,
and the constitutional principles of equality and justice as given in Article 15. Nevertheless,
to get a clearer understanding of the Hindu Succession Act, one needs to comprehend the
basic principles on which the affirmative discrimination is made by the law.

23
Chaudhary, Poonam. (2016). Hindu Code Bill: Towards Liberation of Women. Contemporary Voice of Dalit

Page 16 of 19
CONCLUSION
Mere proclamation of new legislative acts will not address the discrepancies surrounding the
Hindu Succession Act, 1956 as it requires proper interpretation and implementation. While
the ancient Hindu texts permits women to own property, it shuns them from the responsibility
of self-acquiring the property. Ironically, Hindu practices and rituals that worship female
goddesses never honour the Hindu females in real life. The contemporary concept of
Hinduism needs to expand in order to indoctrinate the laws relating to equality of Hindu
women in the society. The female intestate succession Hindu laws are extremely irrational
and discriminatory. The current law has led to subjective results, where the property is
inherited by a person, whom if the deceased would have been alive would never agree upon.
Through cases such as Mamta Dinesh Vakil, this unconstitutionality of the Hindu Succession
Laws were addressed to some extent. However, only when the laws are amended properly,
more progressive changes that meets the fundamental rights of equality and dignity of a
Hindu female can be addressed. Based on the review of literature, it can be said that the
intestate succession must include the following principles – the rule for inheritance must be
the same for male or female intestate, the rules governing the nature of the acquisition of
property for both genders should be the same, and the husband or wife, father or mother
should be positioned equally when it comes to succession of property under the Hindu
Succession Act, 1956, that is, gender equality should be maintained at all circumstances.

Page 17 of 19
BIBILOGRAPHY
 Bai Vijaya v. Thakuribai Chela Bhai, AIR 1979 SC 993
 Chaudhary, Poonam. (2016). Hindu Code Bill: Towards Liberation of Women.
Contemporary Voice of Dalit
 Section 15 of Hindu Succession Act, 1956
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