The Union government is assessing the possibility of issuing a notification under the Hindu Succession Act to extend beneficial provisions to Scheduled Tribe (ST) women, who follow Hinduism. This amendment would grant them an equal share in the properties of their fathers or the Hindu Undivided Family (HUF).
Issues Highlighted Around Inheritance Rights
Scheduled Tribe women practising Hinduism have been excluded from the provisions of the Hindu Succession Act, 1956. This omission prevents them from inheriting ancestral property in the same way as women from other Hindu communities. Due to this exclusion, ST women are not allowed an equal cut of their father’s or HUF’s property. The inequality in inheritance rights perpetuates gender disparities and hinders the financial empowerment of ST women. This denial of equal inheritance to ST women professing Hinduism constitutes discrimination based on their tribal identity and contradicts the principles of equality and non-discrimination enshrined in the Indian Constitution.
Supreme Court Directive
In the case of Kamla Neti Vs Special Land acquisition Officer and Ors., the Supreme Court directed the Central government to review whether amendments are needed to remove exemptions provided under the Hindu Succession Act concerning the applicability of its provisions to Scheduled Tribes.
Hindu Succession Act, 1956
The Mitakshara school of Hindu law codified as the Hindu Succession Act, 1956, governed succession and inheritance of property but only recognised males as legal heirs. It applies to everyone who is not a Muslim, Christian, Parsi or Jew by religion. Buddhists, Sikhs, Jains and followers of Arya Samaj, Brahmo Samaj, are also considered Hindus under this law.
Hindu Succession (Amendment) Act, 2005
The 1956 Act was amended in September 2005, and women were recognised as coparceners for property partitions arising from 2005. Section 6 of the Act was amended to make a daughter of a coparcener also a coparcener by birth “in her own right in the same manner as the son”. The law applies to ancestral property and to intestate succession in personal property.
Class I Heirs and Testamentary Succession
The Act categorizes relatives into different classes of heirs. Class I heirs include the deceased’s children, grandchildren, and their respective mothers. In the absence of Class I heirs, the property goes to Class II heirs which includes Father, Son’s daughter’s son, brother, sister, Father’s widow; brother’s widow etc. The Act also recognizes testamentary succession, where a person can dispose of his/her property through a valid will.
Rights of Widows
The Act acknowledges the rights of widows to inherit property from their deceased husbands. A widow has a share in the property left by her husband, along with other legal heirs.
Schools of Hindu Laws About Property Inheritance
The term Mitakshara is derived from the name of a commentary written by Vigneswaran, on the Yajnavalkya Smriti whereas, the term Dayabhaga is derived from a similarly named text penned by Jimutavahana. A son, by birth acquires an interest in the ancestral property of the joint family under Mitakshara law school while under Dayabhaga, a son has no automatic ownership right by birth but acquires it on death of his father. These laws display different aspects regarding inheritance and property distribution among heirs.
UPSC Civil Services Examination, Previous Year Question (PYQ)
A question from the Civil Services Examination, 2021 asked about the Mitakshara and Dayabhaga systems of Indian law. The correct answer was that Mitakshara gives anyone the right to property just after their birth, whereas Dayabhaga does not confer the right to property before the death of their forefather.
