
Social Norms Constraining Legal Provisions: Coparcenary Rights of Indian Daughters
By Guest Writer Prasun Nabiyal
The Hindu Succession Act (Amendment) of 2005 placed Hindu daughters on an equal footing with sons by giving them coparcenary rights over their father’s ancestral property. Coparcenary rights are a bundle of property rights shared among joint-heirs. According to N.R. Raghavchariar’s “Hindu Law Principles and Precedents”, this includes rights such as right to joint-possession and right to demand partition. Prior to the 2005 amendment, these rights were the exclusive domain of Hindu sons. The amendment thus marked a watershed moment, moving away from the gender-discriminating Hindu Succession Act of 1956. Last year, the Supreme Court of India, in the same tradition, held that Hindu daughters can inherit both self-acquired-property and coparcenary property.
However, despite these progressive developments in the legal realm, the societal perception towards the issue of Hindu women possessing property rights persists. The mainstream view continues to believe that only sons, not daughters, have coparcenary rights. Thus, the exercise of these rights by daughters is...