Hindu Female Intestate Succession Laws and Their Impact on Fundamental Rights of the Elderly

12 Pages Posted: 10 May 2021 Last revised: 20 May 2021

See all articles by Bidisha Das

Bidisha Das

Presidency University

Shivangi Banerjee

Presidency University

Date Written: May 1, 2021

Abstract

Females in Hindu families have long been discriminated against in terms of both inheritance and succession. For the duration of forty-nine years, men and women had different schemes with regard to inheritance where the woman was refused the right to marital property on the basis of her marital status. Fortunately, in 2005, the amendment to the Hindu Succession Act dealt with most inheritance-based injustice. However, it is observed that Hindu female intestates who die as married women continue to face injustice that is backed up by various discriminatory provisions under the Hindu Succession Act. This paper recognizes the constitutional implications of such provisions and their effect on the elderly.

Keywords: Religion, Law, Hindu, Women, Elderly

JEL Classification: Law and economics, Religion, public policy

Suggested Citation

Das, Bidisha and Banerjee, Shivangi, Hindu Female Intestate Succession Laws and Their Impact on Fundamental Rights of the Elderly (May 1, 2021). Available at SSRN: https://ssrn.com/abstract=3837895 or http://dx.doi.org/10.2139/ssrn.3837895

Bidisha Das

Presidency University ( email )

India

Shivangi Banerjee (Contact Author)

Presidency University ( email )

India

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