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01 Abstract 03

02 Historical Context 03

03 Joint Hindu Family 04

04 Features of a Joint Hindu Family 04-05

05 Amendments for the first time for women to get the right in the 05-07
property

06 Analysis and Case Laws 07-08

07 Conclusion 08

08 Reference 09

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General Principle and Recent amendments relating to Joint Hindu Family Property

Abstract

This study aims to examine the general principles and recent amendments concerning
women's rights and entitlements in joint family property. It explores the historical context of
gender disparities in the Succession Law and analyzes the subsequent changes made to
promote gender equality. The scope of the study encompasses the general principles, such as
the right to an equal share and coparcenary rights, as well as recent amendments like The
Maintenance. The Muslim Women (Protection of Rights on Marriage) Act, 2019, and The
Maternity Benefit (Amendment) Act, 2017. The study relies on legal documents, scholarly
articles, government reports, and relevant case studies to provide a comprehensive
understanding of women's rights in joint family property.

1 Historical Context

The study delves into the historical context of joint Hindu family property and the gender
disparities prevalent in the Hindu Succession Law. It explores the traditional norms and
practices that favored male members of the family while limiting women's rights to inherit
and control joint family property. Prior to the implementation of the Hindu Women's Right to
Property Act in 1937, the property owned by Hindu women was categorized into two types:
stridhan and non-stridhan. The main distinction between them was that stridhan encompassed
gifts, presents, and property bestowed upon a woman by her parents, husband, close relatives
of her husband or parents, either during marriage, on other occasions, or during ceremonial
events. Even money given as maintenance was considered part of stridhan. Non-stridhan, on
the other hand, included inheritance received by a woman from both male and female
relatives.

Women had complete ownership rights, including possession, enjoyment, and disposal, over
their stridhan. However, their rights over non-stridhan were limited to possession and
enjoyment, without the authority to dispose or transfer the property, except in cases of
necessity or for religious purposes that benefited their husbands. Before the enactment of the
Hindu Women's Right to Property Act in 1937, women were not entitled to a share in the
joint family property, and succession was determined solely by survivorship. According to
survivorship rules, upon the death of a member of a joint and undivided family, their share in
the joint property would pass on to the surviving male coparceners, excluding women.
Consequently, there were no codified laws addressing the specific rights of Hindu women
regarding property before 1937. Disputes were typically resolved based on customary
practices.

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Joint Hindu Family

A Joint Hindu Family, also known as a Hindu Undivided Family (HUF), is a traditional
family structure that is prevalent in Hindu society. It is characterized by the joint ownership
of property and the sharing of rights and responsibilities among the family members.

In a Joint Hindu Family, multiple generations of a family, typically consisting of male

members, live together in a common household. The family is bound by a common ancestry
and follows a hierarchical structure. The eldest male member, known as the karta, is the head
of the family and holds the authority to manage the family's affairs.

Features of a Joint Hindu Family

a) Common Ancestry: A Joint Hindu Family is composed of members who are descendants
of a common male ancestor, typically belonging to the same lineage or bloodline.

b) Joint Ownership of Property: One of the fundamental features of a Joint Hindu Family
is the collective ownership of property. The ancestral property is owned and managed jointly
by all the male members of the family, with the eldest male member acting as the karta or
manager.

c) Hierarchy and Authority: The Joint Hindu Family follows a hierarchical structure, with
the karta, who is usually the eldest male member, holding the highest authority and decision-
making power. The karta is responsible for managing the family's affairs and representing the
family in legal matters.

d) Continuity and Succession: The Joint Hindu Family is designed to ensure the continuity
of family wealth and assets across generations. Upon the death of a member, their share of
the property is passed on to the surviving members, preserving the unity and integrity of the
family's assets.

e) Coparcenary Rights: The male members of the family, known as coparceners, have
certain rights and entitlements in the family property by virtue of their birth. They have the

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 right to demand partition of the property, but until such partition takes place, they do not
have the right to individually sell or transfer their share.

f) Rituals and Customs: Joint Hindu Families often uphold traditional rituals and customs,
including religious ceremonies, family celebrations, and observance of ancestral traditions.
These practices help maintain cultural and social cohesion within the family

Amendments for the first time for women to get the right in the property

A historic milestone was reached through the enactment of the Hindu Women's Right to
Property Act in 1937, granting women a long-awaited and crucial right to own and inherit
property. This progressive legislation shattered the shackles of gender inequality that had
persisted for generations. For the first time, women were recognized as rightful owners of
property, including ancestral assets. This landmark act paved the way for women's financial
independence and empowerment, ensuring their equal share in the family's wealth. It marked
a significant step towards rectifying past injustices and championing gender equality in
property ownership, forever changing the course of women's lives.

The Hindu Women's Right to Property Act of 19371

The implementation of the 1937 Act brought about a significant change in inheritance laws
for Hindu women. It granted widows the opportunity to inherit alongside their sons,
receiving an equal share. Previously, widows were only entitled to a restricted interest in the
deceased husband's property and had the right to seek partition. Daughters, on the other hand,
had minimal rights of inheritance. With the Hindu Women's Right to Property Act of 1937,
widows gained the right to inherit their husband's property upon his demise. Unlike before,
where the property was distributed among surviving coparceners through survivorship, the
widow now possessed exclusive rights to the property. However, her ownership was limited
(referred to as a "limited estate") and ceased upon her death

Amendments made to the Hindu Women's Right to Property Act of 1937 had a
significant impact on the doctrine of survivorship. According to the amended act, the widow
of a deceased coparcener in a Mitakshara undivided family is entitled to the same interest
(limited interest) that her husband had while he was alive. This amendment brought about a

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https://indiankanoon.org/doc/80896406/

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 substantial change by granting widows more rights and ensuring the continuity of their
husband's share in the property.

The Hindu Women's Right to Property Act of 1937 applies specifically to cases where a
Hindu male dies without leaving a testament regarding succession, thereby dying intestate.
The primary aim of this act was to protect widows by recognizing their right to a limited
estate even after their husband's death. The act extends its rights and protection not only to
the widow of the deceased but also includes the widow of a predeceased son and the widow
of a predeceased grandson (widow granddaughter-in-law). However, other females, including
daughters, are not encompassed by this act. It applies to all schools of Hindu law, including
Dayabhaga and Mitakshara.

The Hindu Succession Act of 19562

The Hindu Succession Act of 1956 holds immense importance in India as it governs the
inheritance rights of individuals belonging to the Hindu religion. Over the years, this Act has
undergone amendments, with the notable revision occurring in 2005. These amendments
primarily aim to address gender disparities and uphold women's rights in matters of
inheritance within Hindu families. Key points regarding women's rights under the Hindu
Succession Act are as follows:

Equal Inheritance Rights: Prior to the 2005 amendment, the Act contained gender-based
distinctions in inheritance. However, the amendment brought significant changes, granting
daughters the same rights as sons in ancestral property. Daughters are now recognized as
coparceners, ensuring they have equal rights to inherit ancestral property alongside their male
siblings.

Mitakshara Coparcenary: The traditional Mitakshara coparcenary system, prevalent in

certain regions, historically excluded women from coparcenary rights. However, the 2005
amendment expanded the scope of coparcenary and acknowledged daughters as coparceners
by birth. This guarantees that daughters possess equal rights to ancestral property, similar to
sons.

Self-acquired Property Succession: The Hindu Succession Act also addresses the
succession of self-acquired property. Previously, regulations for self-acquired property varied
based on different personal laws. However, the amendment ensures that any property
acquired by a Hindu woman, whether through inheritance, gift, purchase, or other means, is
considered her absolute property. She possesses the right to dispose of it as she desires.
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https://www.indiacode.nic.in/handle/123456789/1713?sam_handle=123456789/1362

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 HUF and Management Rights: While the 2005 amendment primarily focused on
inheritance rights, it did not explicitly address whether women could hold positions of
management or become Kartas (managers) of the Hindu Undivided Family (HUF). The issue
of female members becoming Kartas was subsequently addressed in various court judgments.
Some courts recognized the eligibility of female members to serve as Kartas based on their
coparcenary rights.

The Hindu Succession Act, particularly following the 2005 amendment, has played a crucial
role in promoting gender equality. It grants women equal rights to inherit ancestral and self-
acquired property, empowering them economically and socially within Hindu families.

Analysis and Case Laws

Danamma v. Amar3

In this case, the Supreme Court held that the 2005 amendment has a retrospective effect. It
means that daughters can claim their rightful share in ancestral property even if the father
passed away prior to the amendment. The court recognized the retrospective application of
the amendment, ensuring daughters' equal rights to ancestral property.

Prakash v. Phulavati4

The Supreme Court clarified that the 2005 amendment, which grants daughters equal rights
in coparcenary property, applies only to partition or testamentary dispositions made after
September 9, 2005. It does not affect property divisions or dispositions that occurred prior to
the amendment.

Vineeta Sharma v. Rakesh Sharma5

The Supreme Court ruled that daughters have equal coparcenary rights in Hindu Undivided
Family (HUF) property, regardless of whether the father was alive or not at the time of the
2005 amendment. This judgment affirmed the equal inheritance rights of daughters in
ancestral property.

3
Danamma @Suman Surpur V Amar Singh, (2018)3SCC 343 https://indiankanoon.org/doc/88759498/

4
Phulavati vs. Prakash AIR 2011 Kar. 78 https://indiankanoon.org/doc/143363828/

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Vineeta Sharma v. Rakesh Sharma; (2020) 9 SCC 1https://indiankanoon.org/doc/67965481/

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These judgments and case laws reinforce and protect the rights of women in Hindu
Undivided Family (HUF) property, ensuring equal treatment and inheritance rights for
daughters in ancestral property.

Conclusion

In conclusion, the study examines the general principles and recent amendments concerning
women's rights and entitlements in joint Hindu family property. It explores the historical
context of gender disparities in the Succession Law and the subsequent changes made to
promote gender equality. The Hindu Women's Right to Property Act of 1937 was a historic
milestone that granted women the right to own and inherit property, including ancestral
assets. It provided widows with an equal share in the property, breaking away from the
survivorship rules. However, the act only applied to specific cases and did not encompass
other females, such as daughters.

The Hindu Succession Act of 1956 governs the inheritance rights of Hindu individuals and
has undergone notable amendments, particularly in 2005. These amendments aim to address
gender disparities and grant daughters equal rights as sons in ancestral property. Daughters
are now recognized as coparceners by birth, ensuring their equal entitlement to ancestral
property. The amendments also address the succession of self-acquired property, granting
Hindu women absolute ownership rights. While the 2005 amendment primarily focused on
inheritance rights, the issue of female members becoming Kartas or holding positions of
management in the Hindu Undivided Family (HUF) was addressed in subsequent court
judgments.

The Hindu Succession Act, with its amendments, has played a crucial role in promoting
gender equality and empowering women economically and socially within Hindu families. It
has rectified past injustices and significantly changed the landscape of women's rights in joint
family property. The study relies on legal documents, scholarly articles, government reports,
and relevant case studies to provide a comprehensive understanding of women's rights in
joint family property.

Sources of Study:

1)Family law- Dr. Paras Diwan

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2)Hindu Succession (Amendment) Act, 2005,
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3)The Hindu Women's Right to Property Act of 1937

4)www.legalserviceindia.com

5) https://indiankanoon.org

6
https://egazette.nic.in/WriteReadData/2005/E_45_2012_114.pdf
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https://indiankanoon.org/doc/80896406/