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DAUGHTER'S RIGHT TO PROPERTY :
ISSUES AND CHALLENGES
Centre for Human Rights and Subaltern Studies
National University of Study and Research in Law
Ranchi
DAUGHTER'S RIGHT TO PROPERTY :
ISSUES AND CHALLENGES
Centre for Human Rights and Subaltern Studies
National University of Study and Research in Law
Ranchi
Editor
Dr. Sunita Roy
Dr. Subir Kumar
Dr. Gunjan
Introduction
"When a Daughter is born in a family
Celebration for two families
One in which she born and other in which she would marry.
Denied, rights and respect in natal family
Hope to get in the conjugal family.
Relations their depends upon what she brought with her.
From childhood to womanhood life passed in search
Motherhood in sacrifices, Widowhood in dependencyOld age
in hope
On death, everything revert back from where it comes.
Nothing she get proprietary as a daughter,
Nothing she give in proprietary as wife or mother,
Still, she is equal
An 'other' being”
Daughter's rights of Inheritance of Property of Father is in
state of transformation. It is governed under personal laws.
Personal laws are fundamentally customary laws. In fact, all
personal laws were discriminatory for the inheritance rights of
Daughters. It is well known that among Hindus daughters are not
coparceners and had no right in the coparcenary property.
Among Muslim they had right in property as sharers only in
absence of son. When son present they become residuary. Among
Christians, under customary laws daughters were entitled only
* Assistant Professor, Faculty of Law, University of Lucknow
Inheritance Rights of Daughters
Dr Richa Saxena*
for the 'stridhan' and the value of 'stridhan' would be one third of
the value of the share of the son. Though amongChristian
community those who are not governed by the Christians
customary laws and are governed by the Indian Succession Act
1925. In British India, when codification of laws were proposed,
personal laws were left untouched. Though for social
reformation some of the laws were enacted. Indian Succession
Act 1925, provide equal property rights to the Christian and Parsi
Daughters. It was principle legislative measure dealing with the
intestate succession of the people who are other than Hindu
orMuslim. Very progressive attempt was made in the Act by
using expression 'child' rather than son or daughter for the heirs.
The first attempt of codification of personal law was Hindu Code
Bill, which was recommended by the Rau Committee. In
response to that Hindu Succession Act was enacted and came in
to force on 18th April 1956 . Though inheritance rights of
1
daughters were untouched in the coparcenary property. But
daughters have given equal rights in the self- acquired property .
2
Later in 2005 Hindu Succession Amendment Act, provides
daughters equal right in the coparcenary property also. This
Chapter is written with anobjective to explain daughter's right of
inheritance of Property in accordance to personal Laws.
Hindu Law (Under Classical Hindu Law)
Hindu Daughters have to travel long to get property rights
in the family. In Vedic literature inheritance rights were given to
the unmarried daughters and brother less married daughters.
3
With reguard to the Daughters rights in property inherited form
her father, Mitakshara has made norestriction on it. Under
Mitakshara daughter had independent and individual Chahter
and her right in no way was linked with her son, possible or
actual. Even her right in the property was not in compare with that
1 Hindu Marriage Act 1955, Hindu Adoption and Maintenance Act 1956 and Hindu
Minority and Guardianship Act 1956.
2 Class I heir under the Hindu Succession Act 1956
3 Rigveda, II, 17,7 " amuja" , who lived her whole life at her parents' house.
19
Inheritance Rights of Daughters
of a widow. But the sub schools of the Mitakshara, except
Bombay school does not follow the Mitakshara ans assigned
restriction.In Dayabhaga school also daughter did not enjoy
absolute rights. Patriarchal Hindu society provided women with
4
property known as stridhan (literally, women's property or
fortune), and it mainly came from marriage gifts (clothes,
jewelry, and in some rare cases, landed properties). However,
women were denied property rights to the ancestral or marital
landed property, and their right over succession of the landed
family property was limited. With the emergence of different
schools of Hindu law, the concept of stridhan started expanding
its literal and legal meaning, granting women more rights to
certain forms of property. For example, Mitakshara recognizes
5
two modes of devolution of property, i.e survivorship and
succession. While, survivorship applied to coparcenary property
and the rules of succession applies to property held in absolute
severalty by the last owner. For example, When 'A' dies leaving
his brother and daughter, A's share in the joint family property
goes to his brother as last surviving coparcener. Daughters are
not coparceners, hence they cannot inherit coparcenary property
of the father. If 'A' and his brother is separate, his property pass
to his daughter on his death. Daughters were included in the list of
five Females heirs of a Male, in the Mitakshara with the Widow,
Mother, Father's Mother and Father's Mother. In case of
Dayabhaga, the only mode of devaluation was succession, even
to the Coparcenary Property. In that case females were
representing coparceners.For example, ' A' with his two brothers
B and C constitutes joint family. On death of A's father, all
wouldhave fixed 1/3 fixed share in the property though
possession of property in is united in absence of partition. On
4 Prakash Chandra Jain, 'Women's Property Rights under Traditional Hindu Law and the
Hindu Succession Act, 1956 some Observations, JILI, vol 45,no.3/4, family Law
Special Issue (July dec 2003)pp. 509-536
5 Debarati Halder and K.Jaishankar, "Property of Hindu Women, A Feminist Review of
Succession Laws of Ancient. Medival, and Mordern India" Journal of Law and
Religion, 2008-2009,vol. 24.No. 2(2008-2009), pp663-687.
20 Daughter's Right to Property : Issues and Challenges
death of 'A' his one third share goes to his widow W and daughter
D. On death of the A, W and D will enter into shoes of the A and
constitute coparcenary with the B and C. In case of Mitakshara,
widow and daughters gets only maintenance right and property
goes to surviving coparceners i.e. B and C.
A Women may inherit the ordinary property of a male such
as her husband, father, son and so on. She may also inherit the
stridhan of a female such as her mother, daughter and so on. In
case of Dayabhaga, Benaras, Mithila, and Madras schools
property inherited by a woman whether form a male or a female,
does not become her Stridhan. She takes only a limited interest in
the property and her death, the property passes not to her heirs,
but to the next heir of the person from she inherited it.
The property here either in Mitakshara (i.e. Benaras,
Mithila and Madras Subschool and not in Bombay subschool)
and Dayabhaga, inherited by the Daughters through male does
not become her 'Stridhan', she takes limited interest in the
property. She cannot alienate it,except for legal necessity. Nor
does she become the fresh stock of decent. At her death the
property not passes to her heir but to the next heir of the last full
owner.6
Hindu Law(Codified Hindu Law)
On 17th June 1956, Hindu Succession Act 1956 came in to
enforce.A uniform and comprehensive scheme for the intestate
succession for Hindus was introduced under the Act. It abolishes
the distinct laws of succession under the Dayabhaga and
Mitakshara Schools and provides a Uniform law, based on
natural love and affection and nearness in relationship. It
abolishes the concept of limited estate for Hindu women and
replaced it with absolute ownership. Though a major change
brought in the status of women property as a widow through the
Act. As widow of the intestate is now his primary heir, and her
6 Mulla's Hindu Law, 21st ed. Lexis Nexis, Butterworths, Pg. no. 110, 227 and 228
21
Inheritance Rights of Daughters
rights to succeed cannot be defeated on the ground of her
unchastely. As she is an absolute owner of the property, on the day
of opening of the succession, her share vests in her, and she
cannot subsequently be divested of her share in the property, even
if she remarries. But the status of the property of a women as a
daughter remained same as in classical law for the coparcenary
property. Though for the separate property daughters has equal
right to inherit the property of the father same as son.7
After forty years, on the recommendation of 174th Law
Commission report, Hindu Succession (Amendment) 2005 was
enacted and daughters has given equal right of inheritance in the
coparcenary property same as son. It introduces daughters as
8
coparceners in a Mitakshara coparcenary irrespective of marital
status. Further irrespective of the nature of property, whether it is
house, cash, jewellery, shares and stocks or communal ventures,
they have not only equal right to own their share, but they can
seek its partition and enjoy it without any impediment. It also
9 10
empowers a female coparcener to make a testamentary
disposition of her share in coparcenary property.11
In Sheela Devi and others and v Lal chand and others , it
12
7 Daughters are Class I heir with the son, under Ist schedule of the Hindu Succession Act
1956.
8 Sec 6(1) of the Hindu Succession(Amendment) Act 2005 provides
"on and from the commencement of the Hindu Succession Amendment Act 2005, in a
joint family governed by the Mitakshara law the daughters of a coparcener shall-
(a) By birth become a coparcener in her own right in the same manner as the son;
(b) Have the same rights in the coparcenary property as she would have had if she had
been a son;
(c) Be subject to the same liabilities in respect of the said coparcenary property as that
of a son."
9 Sec 23 of the Hindu Succession Act 1956 was deleted, which provides rules relating to
devolution of a dwelling house that a Female class I heir was limited to a right of
residence in the dwelling house, without ownership and right to ask for partitioned was
subject to the choice of the male heirs to divide their share in the property. If such female
Class I heir was daughter her right to residence was available, only when she was
unmarried, widow, or deserted by her husband or separated from the husband.
10 Family Law Lectures, PP Saxena, Lexis nexis, Butterworths, II ed. 2007,p no. 353.
11 Sec 30 of the Hindu Succession Act 1956.
12 (2006) 206 CTR (SC) 149
22 Daughter's Right to Property : Issues and Challenges
was held by the Court that the amendment would be applicable
prospectively from the date of institution of the suit. In number of
cases since 2005 by the Supreme Court, this right is affirmed.
In 2015, Apex Court held in Prakash v Phoolwati that
13
Hindu Succession Amendment Act 2005 provides right in
coparcenary property only to the living daughters of living
coparceners at the date of commencement of the Act i.e 9th Sep
2005 irrespective of her date of birth.
In 2018, Apex Court held in Damanna and Others v Aman
14
that Hindu Succession Amendment Act 2005 provides right in
copar c e nary proper t y to l iving d a ughter s of t h e
coparceners(Father) who are not even not alive on the date of
commencement of the Act.
Recently, in 2020, larger bench of the Apex Court held in
the Vinita Sharma v Rakesh Sharma that rights of daughters in
15
ancestral property is not depend upon the condition of father alive
or dead at the date of commencement of the 2005 Act, but it is
birth right same as son. It means she has right as she get birth in
the family.
Under Hindu law adopted child has to be treated as natural
born child. Hence an adopted daughter has same right as natural
born daughter .
16
In Revansidappa and others v Mallikarjuna and others , it
17
was held that illegitimate children are entitled to all rights in the
property of parents, both self- acquired and ancestral. Therefore,
an illegitimate daughter is also entitled to the property rights in
the father's property.
Muslim Personal Law
Matters related to inheritance and succession of the
13 (2016) 2 SCC 36
14 (2018) 3 SCC 343
15 Civil Appeal no.32601 of 2018, decided on 11Aug 2020.
16 Sec 12 of the Hindu Adoption and Maintenance Act 1956
17 (2011) 4 SCR 675
23
Inheritance Rights of Daughters
Muslims are governed by the Muslim Personal Law. Under
18
Muslim personal law daughters are given right to succession.
Though under customary laws daughters may be excluded from
the right of inheritance. Daughters are sharers in absence of the
son under Muslim Law. Sharers are those relatives whose shares
are specifically fixed by the Quran. Sharers are those relatives
who get a fixed share of estate of the deceased.The daughter
cannot inherit as sharer when there is a son. An only daughter take
one half in the property and if there is two or more daughters they
inherit two third share collectively.In presence of son she does
not inherit as a sharer but becomes a residuary along with him and
takes a share equal to half of his share.
Under Shia Law Daughters inherits as sharers in absence of
son. Under Shia law, a daughter in the absence of a son inherits as
a sharer. If there is only one daughter or only one descendant of
such daughter, she will take half of the property and if there are
more than two daughters or their descendants they take two-third
of the property. With the son, a daughter inherits as a residuary
and takes a share that is equal to half of his share. The son inherits
as residuary.
For example: A Muslim women dies and is survived by her
husband H, and two daughters D1 and D2. The husband will take
¼ fixed share and daughters would get 2/3 together as residuary.
The whole share would be ¼ + 2/3 = 11/12. Still 1/12 left and in
absence of any residuary comes to daughters again under
doctrine of radd. Surviving spouse is not entitle to return or radd.
This 1/12 comes to daughters together and their share increases
18 Sec 2 of the Application of Shariat Act 1937 provides "Notwithstanding any custom of
usage to the contrary, in all questions(save questions relating to agriculture land)
regarding intestate succession, special property of females including personal property
inherited or obtained under contract or gift or any other provision of personal laws,
marriage, dissolution of marriage, including Talaq, ila, zihar,lian, khula and
mubaraat,maintenance, dower, guardianship,gifts trust and trust properties and
waqfs(other than charities and charitable instituitions and charitable and religious
endowments) the rule of decisions in cases where the parties are Muslims shall be
Muslim Personal law(shariat)".
24 Daughter's Right to Property : Issues and Challenges
up to 2/3+1/12= ¾. Hence, each daughter will take 3/8.
Again, A Muslim women dies and survived by her husband
H, two daughters D1, D2 and two sons S1 and S2. The husband
would take a fixed ¼ share as a sharer. The daughters in presence
of the sons would inherit as residuary and a share of each
daughter would be half of the share of each son. Thus, Husband
and son, being sharer get ¼ each. And daughters would get 1/8
each.
An illegitimate daughter has no right of inheritance in the
property of her father and mother under Shia Law, while under
Sunni law, daughter is entitled to inherit from mother alone .19
"There is nothing in the Mohammadan law similar to
adoption like Roman Law and Hindu Law" . In Shabnam Hasmi
20
v Union of India , it was held that a Muslim can adopt a child
21
under the Juvinile Justice Care and Protection Act 2015, and for
inheritance of such adopted child provisions of the Indian
Succession Act 1925 would apply. In that reference adopted
Muslim daughter has equal right of inheritance like a son.
In case a Muslim marries under Special Marriage Act,
1954, in the matter of succession and inheritance provisions of
the Indian Succession Act 1925 applies.
Christian and Parsi Laws
In case Christians, who are governed by the customary
laws female heirs are not at par with the son. For example among
the Shrian Christians, Stridhan or the dowry given by the father at
the time of marriage has to be treated her share in the estate,
which in most of the cases half of the valve of the share of the son
in the estate. The Christian Committee 1912 recommended,
daughter would be entitled up to the one fourth of the value of the
share of the sons or an amount of the Rs 5000, whichever was
19 I.A khan, Mohammedan Law, Central Law Agency, Allahabad (2001) pg186.
20 J. Mahmood, in Mohammad Allahadad Khan v Mohammad Ismail, ILR(1988) 12
All.289.
21 (2014) 4 SCC 1
25
Inheritance Rights of Daughters
less. She was not entitled to this share, if Stridan is provided or
promised to be given to her by the intestate. This discriminatory
Law of Travancore was challenged on the ground that violative to
Article 14 of the Constitutionin Mary Ray v State of Kerala. It
22
was held by the Apex Court that Travancore Christian
Succession Act is saved by the effect of the sec 29(2) of the Indian
Succession Act 1925.With the effect of the decision
discriminatory practices were stopped and equal right has been
given to the daughters too. Same in the case of The Cochin
Christian Inheritance Act.23
Christians are governed by the Indian Succession Act
1925(except those who are living in Goa and Union territories of
Daman and Diu and Pondicherry, Protestants and Tamil
Cristianns).Laws of inheritance among Christians are equal for
men and women and property of Christians are treated as self-
acquired property. Sec 32 of the Indian Succession Act Provides
that "The Property of an intestate devolves upon the wife or
husband, or upon those who are of kindred of the deceased, in the
order and according the rules hereinafter contained in the
Chapter". If intestate left widow and lineal descendant or widow
and kindred only, one third of his property goes to widow and
two third to the lineal descendants . In case intestate left child or
24
children and no remote lineal kindred through deceased child, the
property shall belong to his surviving child and if children, it
shall devolve between children equally .
25
In Joyce Pushapullath Karkada Alias v Shameela Nina
Ravindra Shri it was held that adopted child has all the rights of
26
succession that are available to natural born child.
Parsis were governed by the Indian Succession Act 1925,
which was specifically amended for the Parsis in 1939. Separate
22 AIR 1986 SC 1011
23 Alice Jacob, "Equal Inheritance rights to Indian Christian Women of Kerala", Journalof
Indian law Institute Vol 28 no 2 April -June 1986 p 241-245
24 Sec 33 of the Indian Succession Act 1925
25 Sec 37 of the Indian Succession Act 1925
26 Regular First Appeal no. 849 of 2010.
26 Daughter's Right to Property : Issues and Challenges
rules were applied for the succession of the male and female
intestate.If a male dies intestate, widow and each son got double
to the share of the each daughter. In case of women dies intestate,
husband, son and daughter got equal shares. Thus daughter go
equal shares in the mother property but unequal share in the
father's property. Such discrimination was removed by the Indian
Succession Amendment Act 1991 . It provides that where a
27
Parsi diesintesate leaving widow or widower and children so that
widow and widower and each child receives equal share . For
28
example if a person dies without will leaving behind widow or
widower and children, each get equal share. If a daughter
predeceased intestate, her widower shall not be entitled to
anything, and daughter's share distribute amongst her children
equally . If she dies without leaving any children, her share
29
would not be counted.
Christian and Parsi Laws deals only with the legitimate
marriages.Provisions of the Indian Succession Act, applies only
on the children born out of legal wedlock .
30
Daughter's rights in the Agricultural Land
In India73.2% women workers are engaged in agriculture,
women own only 12.8% of the Land holdings. It's all because
31
denial of inheritance rights to daughters under personal and
revenuelaws. In fact, agriculture land is State subject and States
are empowered to make their own law for the Agriculture
land.The order of devolution of agriculture land under and State
land laws are different from the order of devolution of the other
property under personal laws .There are four category of States,
32
one where it is explicitly mentioned that personal laws would
27 Bina Agarwal, "Gender and Legal Rights in Agriculture land in India",EPW vol.30,
march 25, 1995, pg A38- A56 at pg A50.
28 Sec 51 of the Indian Succession Act 1925.
29 Sec 53(3) of the Indian Succession Act 1925
30 Rajkumar Sharma v Rajinder Nath Diwan AIR 1987 Del 323
31 www.indiaspend.com, visited on 5/4/2021
32 For further detail, see Bina Agarwal, "Gender and Legal Rights in Agriculture land in
India",EPW vol.30, march 25, 1995, pg A38- A56
27
Inheritance Rights of Daughters
apply to the law of inheritance of agricultural land( MP,
Rajasthan and Teangana), second category is of States, which are
silent on the inheritance of the agriculture land( most of southern,
central and northern states), third category of States which have
separate rules of succession of agriculture land(Panjab, Haryana,
Himachal Pradesh, UP an delhi) and these rules are highly
discriminatory to the women and daughters, the forth category is
where local inheritance of rules are applied which are based on
the customary laws(Assam, Meghalaya, Nagaland,Arunachal
Pradesh and Manipur) .Under UP Zamidari Abolition and Land
33
Reform Act 1951, daughters were not recognized as primary
heirs .Unmarried daughter was in forth category( after widow
34
and male lineal descendant in first category, widow, widowed
mother who has not remarried and widow of a predeceased male
lineal descendant who has not remarried in secondcategory and
father was in third category). Unmarried daughter, includes a
"widowed daughter" also. The expression unmarried daughter
means all persons who are not in state of marriage. Though this
35
interpretation of married daughter was not accepted by the lager
bench of the Allahabad High Court, in Raj Ben v Rahim
Bux .Married daughters were also added at seventh category
36
after brother and unmarried full sister through the 1954 Zamidari
Abolition and Land Reforms Amendment Act 1954.
For Example, if a Woman inherited property from her
husband and died leaving married daughters and her husband's
brother's son. The property revert back to her late husband. Under
sec 171 clause (g) provides married daughters and clause (i)
provides brother's son. Thus married daughter have preference
over the brother's son would entitled to succeed.37
But it is clearly mentioned in the sec 172(1) that female
33 Rudroneel Gosh, Times of India, August 15, 2020
34 Sec 171 of the UP Zamidari Abolition and and Reform Act 1951
35 Smt Guriya v Kadhara 1966 ALJ 909.
36 1969, ALJ 16.
37 Suresh Babu v Smt Rop Rani, 1979 R.D 260(B.R)
28 Daughter's Right to Property : Issues and Challenges
interest inherited by the male would be limited one. It would be
limited in the sense that "on her death, remarriage abandonment
or surrender, the holding shall devolve notupon her heirs, but
upon the heirs of the last male tenure holder to whom the female
had herself succeeded".38
For example, if a male dies leaving behind two daughters,
one unmarried and one married. Unmarried daughter would
succeed being above in the list and married daughter excluded.
Later when unmarried daughter married, property will revert
back to father, the last male tenure holder and shall devolve to
nearest surviving heir, who are now two married daughters and
they inherit half and half.
Though in UP, sec 171 of the UP ZLAR, Act applies to
succession to the person who was 'bhumidhar', 'sirdhar' or 'asami'
of the land, irrespective of his religion. It applies to Hindus,
Muslims, Christian or a person professing any other religion . In
39
other States amendment made to the sec of the 1937 Act, such as
Kerala etc.
In case of Muslims by the effect of the sec 2 of the
Application of Shariat Act 1937 , agriculture land excluded from
40
the application of Muslim Personal law. Therefore daughters
can't inherit agriculture land under person law.
Though, Uttar Pradesh Zamidari Abolition and Land
Reform Act 1951 Act, had provided a uniform rule of
succession, irrespective of the religion of the person and his
personal laws, but it was discriminative to the daughter's equal
rights with son.
The Hindu Succession Act 1956 not applied the agriculture
lands, being it State's Subject .With effect of the Hindu
41
38 R.R. Maurya's, Land Laws, Central Law Publications 12th ed.(1999) pg. 200
39 Ibid, 201
40 Sec 2 of the application of Shariat Act 1937
41 Entry 14 and 18 in State List.
29
Inheritance Rights of Daughters
Succession amendment Act 2005, sec 4(2) of the Hindu
42
succession act was deleted. But it's not an end of the
discriminatory treatment towards daughters, because there was
conflict that being State subject Centre cannot make law over
issue. Hence, Hindu Succession Amendment Act 2005 does not
applies to Agriculture land. In Archana vDepty director of
consolidation, amroha , it was held "agriculture land is exclusive
43
domain of the state legislature and Parliament has no power to
enact any law in this respect. Sec 4(2)was only a way of
clarification. On its basis it can not be said that after deletion of
sec 4(2) of the Hindu Succession Act, it would suo moto apply to
the agriculture land. Sec 6 is provided right to daughters only to
Mitakshara property".
Recently, The UP Revenue Code 2006 , provides to
44
unmarried daughters equal rights in the agriculture property of
father . Married daughter will get, if son, widow, unmarried
45
daughter, father and mother are not alive. Again, in
2019,Revenue Code is amended and unmarried daughter's right
has expanded as now it includes unmarried daughters of
predeceased son as primary heirs. At all subsequent level at order
of inheritance, the rights of unmarried daughters are now as par
with the rights of sons. Consequently, in the absence of any heir
higher in the order, a daughter's unmarried daughter can now
inherit agriculture land. Prior to the 2019 Amendments,the land
would go to the states if the daughter's daughters were the only
heir . Inheritance of such daughter's property, on her death or
46
marriage devolve in to son, unmarried daughter, son's son or
42 Sec 4(2) of the Hindu Succession Act 1956 provides"for the removal of doubt it is
hereby declared that nothing contained in this Act shall be deemed to affect the
provisions of any law for the time being in force providing for the prevention of
fragmentation of agriculture holdings or for the fixation of ceiling or for the devolution
of tenancy right in respect of such holdings".
43 Writ -B No.64999 of 2014
44 Came into force on Dec 16 2015.
45 Proviso to the sec 108 of the UP Revenue Code 2006.
46 Shipra Deo, 'Daughters inheritance rights in Uttar Pradesh', available at www.landesa
.org, visited on 31/3/2021
30 Daughter's Right to Property : Issues and Challenges
unmarried daughter,son's son son or unmarried daughter, wife of
predeceased widow,wife of predeceased son's presedecaced
son . Married daughter has not given any right in the agriculture
47
land in UP and Uttarakhand.
Conclusion:
In reference to above mentioned personal laws always two
aspect arises, one it is discriminating between women of one
religion with women of other religion and secondly it is
discriminating between men and women with in one religion. For
example, Hindu daughter didn't have right in coparcenary
property and Muslim daughter has right in property of the
father.Within religion, Sons has right in the coparcenary property
and daughter's did not have(before 2005), Muslim daughter has
right to property only in absence of son as sharer, if son present
she become residuary. Point to be noted here that, under Indian
Succession Act 1925,expression Child or Children is used in the
Act, rather than as son or daughter. Therefore it can be concluded
that Christian daughter has equal right in the property as a
Christian son. For example, if a Christian dies intestate leaving
behind widow, san and daughter, One third goes to wife and one
third to son and one third to the daughter. In fact, daughter's
proprietary rights were always justified on the grounds of her
right to maintenance. It was argued that if such rights were denied
to her, it leads them to vagrancy and left them destitute. It was
never taken as her 'entitlement'. Now when daughters are not
destitute, equally educated and earning, their proprietary rights
must be on the ground of her 'entitlement'.All these
discrimination were removed slowly with progressive
amendments in laws. Being an instrument of social change Laws
served the society to achieve utmost equality. But it is not an end,
it only provides "what ought to be". When it's application or
implementation is examined other factors plays important role,
such as education, economic status, social circumstances etc.
47 Sec 110 of the UP Revenue Code 2006
31
Inheritance Rights of Daughters
There are two measures, one to bring non- discriminatory laws
for everyone and second bring Uniform Law for all. The second
measure is taken more positively and Apex Court advised and
48
recommended Uniform Civil Court. Government also advocated
it through one nation one law slogan. Author's submission is that
diversity in unity is basic feature of the Constitution. Diversity in
reference to cultural diversity, nurtured under the 'freedom of
religion', and protected under the realm of 'secular nation'.
Therefore, to remove the discrimination we need to ensure
equality without interfering religious identity of personal laws. If
equality can be ensured without losing distinctiveness,
uniformity guaranteed.
“In absence of rights, choices are useless
Tears in eyes and pain is endless
Daughters were destitute
Life was miserable
Unless,Love and respect is accompanied with equal rights
Hardship cannot pulled out
Legislative attempts has been made
Mindset has to be changed
Proprietary rights are not everything
But it is beginning of everything
From other to "equal".
48 Shah Bano Chase, Sarla Mudgal Case, Lily Thomas Case, Jhon Vallamatum Case, etc.
32 Daughter's Right to Property : Issues and Challenges