Asian Review of Social Sciences (ARSS)
Disinheritance of Daughters: Saving Tradition or Rejecting ModernityAuthor : Neena Rosey Kahlon and Ravi Inder Kaur
Volume 8 No.2 April-June 2019 pp 82-85
Disinheritances of daughters from ancestral property is a well-established social fact as strong as the recognition of their legal right to inheritance; constitutionally and legally. Law, seen as potent tool for social change, attempt to provide equal and dignified claim to daughters Vis a Vis sons, but law does not operate in vacuum. The socio-cultural space regulates it functioning and nature and extent of delivery. However the explicit as well as implicit performance of Hindu Succession Act 1956 (as amended in 2005) within the Indian social space questions the underlining patriarchal structures of Indian society in particular and the larger goal of women emancipation in general. To this end, disinheritance of daughters at once disclose the intricately enmeshed issues of law, society and gender rights to fore front. The present paper is theoretical and attempts to conceptualize the larger issue of disinheritance of daughters within the contrast of tradition and modernity. The paper revolves around how socially non-invocation of inheritance rights confirms to traditional social structure while claiming these rights seems to be a modern phenomenon. The analysis revealed that the process of social change in India has been dominantly gendered and legally backed gender rights have few takers socially. Gendered Socialization, stigmas attached to independence of women and above all the overarching illusion of saving tradition and rejecting modernity emerges out to be the root causes for disinheritance of daughters from ancestral property.
Inheritance, Socialization, Stigma and Patriarchal
 Agarwal, Bina. (2005). A Field of One’s Own: Gender and Land Rights in South Asia, in Dowry and inheritance. ed. Srimati Basu, 91-110. New Delhi: Women Unlimited.
 Agnes & Flavia. (2015, November 21). Women & the uniform civil code. Deccan Chronicle.
 Agnes & Flavia (2014). Law and Gender Inequality. New Delhi: Oxford University Press.
 Bal & Gurpreet. (2016). Identity, Status and Empowerment: Contemporary Gender Issues. New Delhi: Rawat publications.
 Basu & Srimati. (1999). She Comes to Take Her Rights: Indian Women, Property and Propriety. New York: State University Press.
 Chakravarti & Uma. (2011). Bringing Gender into History: Women, Property and Reproduction, Economic Political and Weekly, 46(33), 39-41.
 Kishwar & Madhu. (1994). Codified Hindu law; Myth and Reality, Economic Political and Weekly, 29(33), 2145-2161.
 Kothari & Rajni. (2012). Politics in India. New Delhi: Orient Black swan.
 Nair & Janaki. (1996). Women and Law in Colonial India: A Social History. New Delhi: Kali for Women.
 Patel & Reena. (2006). Hindu Women’s Property Rights in India: A Critical Appraisal. Third World Quarterly, 27(7), 1255-1268.
 Pathak & Avijit. (1998). Indian Modernity: Contradictions, Paradoxes, Possibilities. New Delhi: Gyan Publishing House.
 Shukla & Vanadana. (2015, September 12). Hindu Women and Property: Myth vs. Reality. The Tribune.