Female Intestate Succession under the Hindu Succession Act, 1956: An Epitome of Inequality and Irrationality

Under the present legal system of India, people from different religions are governed by their own personal laws in matters of inheritance, marriage, separation, guardianship etc. In this regard, the succession in Hindus is governed by the Hindu Succession Act, 1956 (HSA). A peculiar factor of this Act is that it makes a differentiation between the intestate succession of females and males. The female intestate succession is further dependent on the source from which the property was received by the deceased female. The essay analyses the expediency and rationale behind this differentiation at two levels, one, based on the source of the property and the other, based on gender and elucidates how it is irrational and against the principles of equality on various grounds. It also discusses a recent case, which seeks to bring a progressive change in the law related to succession in Hindus