History of Female Coparcener and her rights to Coparcenary property towards Gender Justice: A Legal Study under Hindu Law

Abstract

In a country where parochial mind sets are deeply rotted, it is evident to find laws structured specially to cater to the benefits of men, who occupy a dominant pole in every spare. A relatable Instance was the devolution of property among the coparceners, where the only male coparcener of the Hindu joint family reckoned to be natural heirs to the ancestral property. It was the ipso facto gender-biased and unjust. The devolution of property under Hindus is governed by the Hindu Succession Act, 1956, which is with the due course of time change the status of a female coparcener and their right to coparcenary property. This is a journey where a female from nothing to getting equal status as to the male coparcener by reforming the patriarchal laws which were prevailing before the modern Hindu law. The Indian Constitution also enshrined the concept of equality and gender justice. By the virtue of Constitutional morality, the Indian judiciary preserved the right to equality and justice for all without any discrimination. The discriminatory practice of the female right to property is now changed and she also has the right to property absolutely like a son.