THE AFTERLIFE OF INDIAN COPARCENARY RIGHTS UNDER HSA AMENDMENT 2005: ITS SOCIAL, LEGAL, POLITICAL, ECONOMIC, IMPACT ON JOINT HINDU FAMILY STRUCTURE

The Hindu Succession (Amendment) Act of 2005 changed the way daughters are treated when it comes to inheriting property. It made daughters equal to sons in terms of ownership rights from the moment they are born, which aligns with the constitution's promises of equal treatment and fairness. However, even with this important change in the law, there is still a big gap between what the law says and how it is actually lived out in practice. This paper looks into that gap by studying how legal changes, court rulings, and long-standing traditional ideas affect women's ability to inherit property. The research uses a mix of legal analysis and real-life examples from interviews with judges, lawyers, and scholars in Rajasthan. Using ideas from feminist property theory and the capability approach, the paper argues that real gender justice needs more than just legal changes it also needs better enforcement, better understanding of the law, and changes in social attitudes. The paper first looks at the history and constitution-related changes in women's inheritance rights, then examines the legal shifts brought by the 2005 Amendment and the challenges in putting those laws into practice, and ends with suggestions for how to close the gap between what the law says and what women actually experience. Keywords: Hindu Succession (Amendment) Act, 2005; Coparcenary Rights; Women's Inheritance; Gender Justice; Constitutional Equality; Hindu Joint Family; Socio-Legal Research; Patriarchy.