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VOL. 12, ISSUE 3 (2026)
A comparative analysis of women's property rights in the Dayabhaga and Mitakshara schools of Hindu Law considering constitutional equality and the Hindu Succession (amendment) Act, 2005
Authors
Sidhi Tiwari, Dr. Umesh Kumar
Abstract
The economic standing of women in Hindu
culture was largely shaped by the rules of succession and inheritance. The
Dayabhaga and Mitakshara schools of Hindu law traditionally employed divergent
views towards property rights leading to various levels of proprietary claim
for women. The Dayabhaga school recognised a significantly wider scope of
inheritance rights for female heirs while the Mitakshara school was based on
the idea of coparcenary which barred women from joint family property to a
great extent. These different legal systems mirrored the existing patriarchal
norms and had a considerable impact on women’s standing in the household and in
society. The Hindu Succession Act, 1956, was a major step forward in reform,
but large inequities remained, especially with regard to coparcenary rights.
The Hindu Succession (Amendment) Act, 2005 brought about a radical shift by
giving the daughters the status as coparceners by birth, equalising the
position of sons and daughters in respect of ancestral property. This paper
critically examines the property rights of women under the Dayabhaga and
Mitakshara schools. It compares their underlying principles and evaluates them
in the light of the constitutional guarantees of equality, non-discrimination
and gender justice embodied in Articles 14, 15 and 21 of the Constitution of
India. The paper contends that the 2005 Amendment is a significant step towards
substantive equality in Hindu succession law.
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Pages:1-9
How to cite this article:
Sidhi Tiwari, Dr. Umesh Kumar "A comparative analysis of women's property rights in the Dayabhaga and Mitakshara schools of Hindu Law considering constitutional equality and the Hindu Succession (amendment) Act, 2005". International Journal of Law, Vol 12, Issue 3, 2026, Pages 1-9
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