EVOLVING DIMENSIONS OF PROPERTY DISTRIBUTION UNDER HINDU LAW: BALANCING TRADITIONAL NORMS, JUDICIAL INNOVATIONS, AND CONTEMPORARY CHALLENGES

This research paper examines the evolving dimensions of property distribution under Hindu law through the lens of traditional norms, judicial innovations, and contemporary challenges. The study traces the historical trajectory from ancient dharmasastric principles to modern statutory frameworks, highlighting the transformative impact of the Hindu Succession Act of 1956 and its subsequent amendments. It analyzes landmark judicial pronouncements that have expanded women’s property rights beyond explicit statutory language, particularly focusing on daughters’ coparcenary rights evolution culminating in the watershed judgment of Vineeta Sharma v. Rakesh Sharma. The research provides comparative insights from global jurisdictions, identifying convergent patterns toward gender equality despite distinct cultural contexts. Critical analysis of the existing legal framework reveals persistent gaps between statutory ideals and practical realities, including gendered succession anomalies, inadequate implementation mechanisms, and the absence of matrimonial property rights. The paper concludes by offering recommendations for reform, emphasizing the need for gender-neutral succession patterns, strengthened implementation mechanisms, recognition of matrimonial property rights, and explicit property protection for alternative family structures. This research contributes to the ongoing discourse on balancing tradition with constitutional equality principles in the dynamic field of Hindu property law.