Advanced International Journal for Research

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Volume 6 Issue 5
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Inheritance Rights Of Hindu Daughters: A Comprehensive Analysis

Author(s) Ms. Nidhi Mishra
Country India
Abstract The gender discrimination in India, particularly regarding daughters' rights to inherit their father's property under the Hindu Succession Act, 1956, was a significant issue prior to the 2005 amendment to the Act. Before the amendment, daughters faced unequal treatment compared to sons in matters of inheritance, particularly in ancestral property. The amendment aimed to rectify this disparity by providing daughters with equal rights to ancestral property, regardless of their father's survival at the time of the amendment. The research problem addressed the ambiguity surrounding daughters' inheritance rights post-amendment and the need for clarity on whether the father needed to be alive for daughters to claim equal coparcenary rights. The study utilized legal analysis and case law interpretations to explore the implications of the amendment on gender equality in property rights.
This highlighted that daughters now have the same inherent coparcenary rights in ancestral property as sons, irrespective of their father's survival at the time of the amendment. The amendment aimed to eliminate gender disparities in property rights and promote gender justice by granting equal status to daughters in joint Hindu families. The implications of the research underscore the importance of the 2005 amendment in addressing gender discrimination and ensuring daughters' equal rights to ancestral property. It signifies a significant step towards gender equality in inheritance laws in India, marking a shift towards a more equitable society.
Keywords Gender discrimination, Daughters' rights, Inheritance, Hindu Succession Act, 1956, 2005 amendment, Ancestral property, Coparcenary rights, Gender equality, Joint Hindu families, Property rights.
Published In Volume 6, Issue 5, September-October 2025
Published On 2025-10-20
DOI https://doi.org/10.63363/aijfr.2025.v06i05.1616
Short DOI https://doi.org/g97nww
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