A Inherits certain property from his Father. A has a Son B, wife C, and daughter D. A and B are Coparceners. Explain with reasons how the property would devolve in each of the cases— (A) If A died prior to the Hindu Women’s Rights to Property Act, 1937. (B) If A died after the Hindu Women’s Right to Property Act, 1937 was brought into Force. (C) If A died after the Hindu Succession Act, 1956.

Question: A Inherits certain property from his Father. A has a Son B, wife C, and daughter D. A and B are Coparceners. Explain with reasons how the property would devolve in each of the cases—

1. If A died prior to the Hindu Women’s Rights to Property Act, 1937.

2. If A died after the Hindu Women’s Right to Property Act, 1937 was brought into Force.

3. If A died after the Hindu Succession Act, 1956.

Find the answer only on Legal Bites. [A Inherits certain property from his Father. A has a Son B, wife C, and daughter D. A and B are Coparceners. Explain with reasons how the property would devolve in each of the cases— (A) If A died prior to the Hindu Women’s Rights to Property Act, 1937. (B) If A died after the Hindu Women’s Right to Property Act, 1937 was brought into Force. (C) If A died after the Hindu Succession Act, 1956.]

Answer

In the historic Vedas and commentaries, we get to know that women were capable of holding property. However, in reality, they were not given any rights related to the holding of property. In addition to that, any transaction done with a woman amounted to being invalid. The property bifurcation with regards to women was done on the basis of stridhan. Stridhan meant that property over which a woman had absolute ownership. It usually included gifts given by her parents or husband. However, the rights of women did not really extend outside the ambit of stridhan.

Hindu Womens’ Right to Property Act, 1937

After the commencement of the abovementioned Act, the widow of a dead husband was now given a right over her husband’s property. Unlike the case before, where the property of the husband was to be divided among the surviving coparceners as per the doctrine of survivorship, now the widow had the sole right over the property.

Hindu Succession Act, 1956

With the introduction of the Hindu Succession Act, 1956, a Hindu woman now had absolute ownership of any property that she possessed. It meant that now, there was no difference between her stridhan and non-stridhan property. Thus, even in cases of property other than stridhan property, she no longer needed her husband’s consent or to follow any restriction.

Factual Matrix

• If a died prior to the Hindu Women’s Rights to Property Act, 1937 – As mentioned above, before the enactment of this Act, there was really no strict legal provision to ensure the rights of a widow of a deceased husband. The only true ownership she had was over her stridhan given by her parents and husband as a gift. In the present case, the property of A would devolve and would be given to his son B. A’s wife and daughter would not get any share as there was no concept of women getting share before the commencement of the Act.
• If a died after the Hindu Women’s Rights to Property Act, 1937 – If A died after the commencement of the Act, then his wife would get the absolute share over his property as unlike the case before, where the property of the husband was to be divided among the surviving coparceners as per the doctrine of survivorship, now the widow had the sole right over the property.
• If A died after the Hindu Succession Act, 1956 – After the commencement of the Hindu Succession Right, 1956, women were given absolute rights over any kind of property including that of her deceased husband. However, the scenario regarding the rights of the daughter changed after the amendment of the Hindu Succession Act in 2005. After 2005, daughters were to be treated as coparceners and had an equal right in their ancestral property as sons. Now, as per the factual matrix, if A died after the commencement of the Hindu Succession Act, 1956, then the wife and both the children will act as coparceners and hence will be entitled to an equal share in the property.

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