Legislative Role Archives : EduMound

Article

February 27, 2023
/ Leave a Comment on Scoping Review on Women’s Right to Property: Bird’s Eye View

27 min
10 months
5,228 words

Tagged Independence, Indian Culture, inheritance, Judiciary, Legislative Role

Scoping Review on Women’s Right to Property: Bird’s Eye View

Hindu women’s property rights have been restricted throughout history, and current laws governing these rights are more liberal than those of ancient Hindu society. Patriarchal Hindu society provided women with stridhan (literally, women’s property or fortune). Primarily from marriage gifts (clothes, jewelry, and in some rare cases, landed properties). On the other hand, women were denied property rights to ancestral or marital landed property, and their right to inherit landed family property was limited.

RELIGION/ PARTIES	HINDU	MUSLIM	CHRISTIAN
DAUGHTERS	Daughters now have the same right to their father’s estate as sons. They are entitled to a share of their mother’s property. The Hindu Succession (Amendment) Act, 2005 repeals the discriminatory gender provisions of the Hindu Succession Act, 1956 and now grants the following rights to daughters:1. In the case of a coparcener,the daughter has the same rights as the son,must bear the same liability in the property as the son,and is allotted the same share as the son;2. The married daughter does not have the right to ask for maintenance or to seek shelter in her parents’ home. However, if a married daughter is abandoned, widowed, or divorced, she has the right to reside.	The daughters are entitled to half the son’s share of their father’s estate.She has completed has control over her share of the property and the legal right to control, manage and dispose of it as she sees fit, both during her lifetime and after her death.The daughter may accept gifts from those she may inherit property, but this does not diminish her claim under inheritance laws.The daughter has the right to live in her parent’s home and to seek support until she marries.If a married daughter divorces, the maintenance charges fall on her parents after the iddat period, which lasts about three months, but if she has children who can support her, it is their responsibility to do so.	The daughters share equally in the estates of their fathers and mothers with any brothers.The daughter has a right to shelter and maintenance from her parents until she marries, but she cannot request it.When she reaches the age of majority, she acquires full ownership of her personal property. Her father is her natural guardian until this happens.
WIVES	A married woman has complete ownership of her property, whether given to her, passed down through generations, or earned by her. She has the authority to give it to anyone, in part or whole. The married woman is entitled to support and livelihood from her husband. If the husband is a member of a joint family, she is entitled to safeguard and support from the family. When it comes to the division of joint family property (between her husband and his sons), the wife has the same right as any other person. When her husband dies, she and her children and his mother are entitled to an equal share of his estate.	The wife has the same right to maintenance as any other wife, and she has the right to sue her husband if he discriminates against her. She is entitled to retain control over her personal property and goods. In divorce, the wife has the right to expect her husband to make fair and reasonable provisions for her future, maintenance. According to the contract terms agreed upon at the time of the wedding, the wife has the right to Mehr. When there are no children, she is entitled to one-fourth of the inheritance; if children are present, she is entitled to one-eighth of the inheritance.	The wife has the right to maintenance from her husband, and if he does not pay it, she has the right to divorce. When her husband dies, the wife is entitled to one-third of his estate, with the remaining portion divided equally among his children.
MOTHERS	The mother is entitled to maintenance from her children, who can support her. She is a Class I heir under Inheritance Law. In the case of a Joint Family, the widowed mother is entitled to a share equal to her son’s share. She can dispose of her property through sale, gift, or will. If the mother dies intestate, her estate will be divided equally among her children, regardless of gender.	If the mother is widowed or divorced, she is entitled to maintenance from her children. She is entitled to inherit one-sixth of her deceased child’s property. The mother’s property will be divided according to Muslim law.	The mother has no legal right to maintenance from her children. She may inherit one-fourth of their property if her children die without a spouse or any living child

SUBSCRIBE TO OUR WEBSITE!