ABSTRACT
The journey towards gender equality in India has been long and ancient in the realm of property rights. Historically ,women in India faces significant discrimination when it comes to owning property.
However , over the years legal reforms and societal changes have gradually improved the status of women’s property rights. This article explores the evolution of women’s rights in India.
INTRODUCTION
Before India’s independence in 1947, women’s rights to property were severely restricted. The Hindu law of inheritance ( Amendment) Act of 1929 , which governed the majority , granted women only limited rights. They could not own property independently and were merely entitled to maintenance.
The Hindu women’s rights of property allowed Hindu women to have a limited seat in estate in the property of their husbands , meaning they could enjoy the property lifetime but couldn’t sell it or will it away.
Muslim women were slightly better off , entitled to inherit property , but only half of what their male counterparts received.
Women’s property rights Acts in India :
The Hindu succession Act of 1956
This was the first significant law to address women’s rights in the property or inheritance rights in gender justice. It granted women the right to inherit parental property equally with men. However , agricultural land was excluded , and daughters were not coparceners( joint heirs) in the joint family property.
The Hindu succession ( Amended) Act of 2005
The 2005 amendment to the Hindu succession Act was revolutionary step forward . It granted daughters same right as sons to become coparceners in the joint family from birth and to share equally in the inheritance.This changes not only strengthen the economic status of women but also marked significant move towards gender equality.
Other legal reforms
Several other laws have also contributed to the evolution of women’s property rights in India. The Married women’s property Act, 1874, protect a wife’s property form her property and creditors.The dowry prohibition Act of 1961 and the protection of women from Domestic violence Act, 2005 , further secure women’s rights in their matrimonial homes.
Women’s property rights : Recent developments and court judgement
The supreme court has played a crucial role in advancing women’s property rights through landmark judgements.It has consistently ruled in favour of equality, reinforcing the notion that gender should determine the right to inherit property.
Property Rights of women as a Mother
- Right to inherit : A mother has right to inherit from her right if they die intestate ( without making will) .
- Right to property : she can own , sell , or gift her property as she wishes.
- Share in husbands property : As a widow , she is entitled to a share of her husband’s property along with her heirs.
Property Rights of women as a daughter
- Equal share : under the Hindu succession (Amendment) Act of 2005 , daughters have the same rights as to son’s to their father property , making them coparceners.
- Martial status irrelevant : A daughter marital status does not affect her right to inherit her parental property.
- Right to self – acquired property : Daughter can own manage , and dispose of their self acquired property without any gender based discrimination.
Property Rights of women as a married women
- Stridhan : It refers to the property that a women acquire during her marriage , which could include gifts from her parents , husband , friend’s and relatives. She has full control over her stridhan.
- Rights to husband property: upon her husband’s death , she is entitled to an equal share of his property along with hiers . The share is defined by the succession law.
- Right to alimony and maintenance : In case of seperation or divorce , a married woman may be entitled to alimony or maintenance , which could include a share of the husband’s property.
Hindu succession (Amendment )Act of 2005 : A Landmark reform
Before 2005 , daughters have limited rights in property . The 174th law commission report recommended changes to end gender discrimination in property inheritance .
Section 6 : Equal copracerany rights
The amendment to section 6 gave daughters the same coparcenary rights as sons in hindu undivided family property. A daughters , by birth becomes a coparceners with equal rights and liabilities.
This reform has been instrumental in ensuring equal property rights of women in hindu families.
Landmark judgement : Shaping women’s property rights
Vineeta sharma v. Rakesh Sharma (2020)
In this case , supreme court of India held that a daughter has a birth right to ancestral property and she has become coparceners in the joint family property.The significance of this landmark case cemented gender equality in Hindu inheritance laws with retrospective effect.
Tulukabai v. State of Maharashtra (1970s – 1980s )
This case brought attention to how tribal woman were often excluded from inheritance under custom , pushing for inclusion under general laws like the Hindu succession Act.
The significance of this case set the stage for debates on inclusivity and uniform application of succession rights to marginalized women.
Pravat chandra Patnaik v. Sarojini Mohapatra
Orisaa High court interpreted section 14 of the Hindu succession Act . It held that property given to a women for her lifetime is considered fully hers , reinforcing her right to dispose it freely.
The significance of this case advanced autonomy of women in managing inherited assets.
Conclusion
Women’s are becoming more independent than even before.The recent judicial developments in the recognition of property rights of women that we discussed above are a positive movement towards a gender equal India . Thanks to education and technology, today women need not to rely on anything.
The property rights of women is governed by the Hindu succession Act of 1956 and Hindu succession Amendment Act of 2005 which changes significant role in the women’s rights of property in India . It gaves exclusive rights to the women’s as a daughter, as a married woman in the joint family ancestral property. Women’s have also stridhan acquired from her husband’s, friend’s and relatives.
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