An Appraisal of Women’s Property Rights in India

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Author Name :- Shailesh Sharma,,

Journal type:- NJRIP-National Journal of Research and Innovative Practices

Research Field Area :- Legal Studies and Governance ; Volume 7, Issue 1, No. of Pages: 9

Your Research Paper Id :- 2021011208

Download Published File :- Click here

Abstraction :-

The implementation of the 2005 Act stays a difficult inquiry. Crusade for Legal Literacy; endeavours to raise social familiarity with the advantages to the entire family if women possess property, and legal and social help for women guaranteeing their rights are only a couple of the many advances required to finish the change remembered for the Act. Finally, A strong woman not only protects herself but also protects those around her. Therefore, the time has come to break the silence; women should fight for their place in this male dominated society. It should start with the family. The mentality and patriarchal ideas have given rise to the mentality of the Indian people because age should change only then the real fruits of the law will be given to women.

Keywords :-

Property Rights, Rights of Women, Property Rights of Women, Laws for Women

References :-

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• Bryan A. Garner, Black’s Law Dictionary, 10th ed. 2014, p. 335.
• Melanie P.Mejia. ‘`Gender Jihad Muslim woman, Islamic jurisprudence and women’s rights.`` Vol-1, No.1 Kritike, 1-24 (June-2007),available at: http://www.kritike.org
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• Wives submit yourselves unto your husbands” said St. Paul “for the husband is the head of the wife… So let the wives be subject to their own husbands in everything.”
• Prior to the Act, she could sell it only for the necessities of the family or to perform religious ceremonies for the benefit of her deceased husband.
• See Section 14 of the Hindu Succession Act 1956.Section 14 is wide in its ambit. The legislation has defined women’s property in the widest possible manner. The property includes both movable and immovable property acquired by a female by inheritance, partition, in lieu of maintenance, arrears of maintenance, gift from any person, a relative or not, before or after marriage or by her own skill, exertion, by purchase or by prescription or in any other manner whatsoever and also any such property held by her as stridhanam immediately before the commencement of the Act
• Section 6 of the 1956 Act provides: Devolution of interest in coparcenary when a male Hindu dies after the commencement of this Act, having at the time of his death an interest in a Mitakshara coparcenary property, his interest in the property shall devolve by survivorship up on the surviving members of the coparcenary and not in accordance with this Act: provided that if the deceased has left him surviving a female relative specified in class – I of the schedule or a male relative specified in that class who claims through such female relative the interest of the deceased in Mitakshara coparcenary property shall devolve by testamentary or intestate succession, as the case may be under this Act and not by survivorship.
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