23/01/2021
The Bridge Says:
Inheritance laws differ across the world as they are culturally, socially, and religiously influenced. Women are generally not invited to work in the family firm if they already have a brother. The idea that they marry and leave the family doesn't and shouldn't justify this. Because a woman marries and leaves and therefore cannot work in her paternal firm is based on outdated and prejudiced ideas.
Even today, Hindu society is deeply influenced and follows the Mitakshara Inheritance Act derived from the Mitakshara School of Law, an ancient inheritance practice followed across India except in Bengal and Assam. Rules about blood relationships govern it. It states if a Hindu patriarch dies, leaving a son and a daughter, the daughter is excluded from the inheritance. If he only has a daughter and no son, then his right to joint property is divided amongst his male blood relatives and the daughter is excluded from that inheritance.
The Hindu Succession Act of 1956 changed this ancient practice and gave equal rights to both sons and daughters. The Hindu Succession Act, 2005, was an amendment to the 1956 Act and removed the gender discriminatory provisions regarding coparcenary property rights that were not recognised earlier.
The Amended Act was a revolutionary step in Indian legislation regarding the rights of women in India. It recognised and gave equal coparcenary rights to women. Section 6 of the Hindu Succession Act, 1956 outlines how a person's coparcenary property is transferred when he dies.
In the Amendment Act, 2005 this section was amended to include daughters as coparceners by birth, so they share the same rights and liabilities as sons. But there have been implementation issues to equal inheritance as families do not want to give these rights to women and there is huge disapproval and shame from the society idle a woman demands these.
The Hindu Succession Act 2020, kept in mind the differences in the financial circumstances between a brother and a sister and rectified the 2005 Amendment Act's ambiguities. Addressing biases against inheritance is important as it affects the rights of women directly.
Illustration: Thirdeyestories by Anvita
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