The Evolution Of Daughter’s Rights Pre and Post 2005 Amendment

ABSTRACT

The Hindu Succession (Amendment) Act, 2005 created new legal rights which enables daughters to inherit ancestral property rights under Hindu succession laws. The Mitakshara system prohibited daughters from accessing coparcenary rights because it restricted coparcenary rights to male members of a Hindu joint family. The cultural practices which established these restrictions emerged from patriarchal beliefs which created social and economic isolation for women in their communities. The 2005 Amendment established a fundamental change when it allowed daughters to acquire the same rights as sons to inherited coparcenary property which recognized them as coparceners since birth. The research paper analyses the Hindu succession law rights acquired by daughters through the comparison of the legal system which existed before 2005 and the newly established rules which followed the amendment. The study examines main court decisions which both explained the amendment and developed its use for complete implementation. The research study evaluates how the reform changes society and legal systems through its effect on gender equality and women’s empowerment and family relationships. The amendment aimed to create progress for women, yet three main obstacles remain, which include people not knowing their rights and  society opposing their rights and the legal system preventing them from claiming their rights. The current legal system evaluates the deficiencies which exist through the problems which the paper cites. The 2005 Amendment establishes a vital achievement for gender justice, yet its realization depends on both correct implementation and shifts in societal attitudes toward women’s property rights.