• Dr Renu Goyal
• Dr Shilpi Yadav
• Dr Abhishek Bishnoi

There has been a great change in the idea of Hindu law of property rights of daughters and this change is both statutory and judicial in nature. Traditionally, Hindu women did not enjoy coparcenary rights, but were permitted to claim only maintenance or life interest on property. A legal change began with the Hindu Women Right to Property Act, 1937 and the Hindu Succession Act, 1956 in which women were declared heirs and absolute proprietors of property. The disenfranchisement of daughters in coparcenary property, however, continued to build patriarchal control in the family. A pivotal development was a Hindu succession (Amendment) Act of 2005, that admitted daughters as coparceners by birth, and made them equal as sons in ancestral property, as far as rights and liabilities are concerned. These statutory improvements notwithstanding, the actualization of such rights is still met with challenges. This socio-legal paper aims to fill the gap between society and law critically reviewing a rule on the application of coparcenary rights of daughters. It also underscores how deeply rooted patriarchal values, culture, and social stigmas tend to negate the ability of women to exercise their legal rights. This reluctance of daughters to assert their rights, this feeling of greediness and family war are a display of the ancient battle between rights and reality. This paper discusses the idea of dowry as an alternative to property rights and the reasons behind the opposition that parents express against giving daughters a portion of ancestral property. This study highlights the contrast between progressive legislation and regressive social attitudes through historical, legal and sociological analysis. It continues to state that progress of the law should be considered as a move towards gender equality but social reality does not follow suit, hence denying the very meaning of justice and equality as projected by the Constitution. The results will contribute to understanding the endemic problems of women in exercising property rights in India.

Keywords: Coparcenary, Hindu Succession Act, Women property rights, Patriarchy, Social Barriers.

"Property Rights of the Daughter as Coparceners: A Socio-legal Study", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.12, Issue 10, page no.c339-c353, October-2025, Available :http://www.jetir.org/papers/JETIR2510248.pdf

"Property Rights of the Daughter as Coparceners: A Socio-legal Study", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.12, Issue 10, page no. ppc339-c353, October-2025, Available at : http://www.jetir.org/papers/JETIR2510248.pdf