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Samriti SharmaParticipant@samritiMarch 18, 2022 at 10:15 am #34586
Right to property which was one of the fundamental right guaranteed by our constitution is only a constitutional right now. These rights with respect to women have been evolving since ages, women’s property rights include certain property and inheritance rights enjoyed by them. Women were never given a fair recognition in property matters, the patriarchal setup of the society was set up in a manner that didn’t actively consider women worthy of being entitled to property be it ancestral or a private property. Gender biasness was prevalent according to which women themselves were considered the property of their father unless married and after marriage the property of their respective husband. The only right they could claim was stridhan. It was after independence, with the adoption of constitution that their rights began to be recognised and certain enactments were passed by the legislature to entitle women to property. Property rights of a women are not limited but wide in nature, there are different rights with regard to the status of a woman in the society. For example: property rights of a woman after divorce, rights of a widow in share of property of her husband, the right of girl child in Hindu Joint Family property, succession rights of a women etc.
Patrilineal inheritance have been prevailing worldwide as a result of which major property rights have ended up in hands of men. India being a secular state has different personal Laws for every religion and so accordingly the property rights of a Hindu women are some what different from that of Muslim women provided the rights of the women have been recognised in both the laws.
After ages of continuous supression this can be seen as a stepping stone for the upliftment of women in a society in order to make them independent.Afshan IqbalParticipant@afshanMarch 24, 2022 at 12:32 pm #34616
What are women’s property rights? Women’s property rights are property and inheritance rights enjoyed by women as a category within a society. Property rights are claims to property that are legally and socially recognized and enforceable by external legitimized authority. India doesn’t have a Uniform Civil Code, which means the law in matters pertaining to inheritance and sharing of property differs for people from different faiths. The two important laws in regard to property share are the Hindu SuccessionAct, of 2005 and the Indian Succession Act, of 1925.
An intestate person is one who dies without writing a will. In that case, the property is divided equally between all his children irrespective of gender, according to the religious laws:
Muslim Law: In inheritance, the daughter’s share is equal to one half of the son’s in keeping with the concept that a woman is worth half a man. She has, however, and has always had full control over this property. It is legally hers to manage, control, and dispose of as she wishes in life or death. In Islamic law a woman’s identity, though inferior in status to men is not extinguished in him when she marries thus she retains control over her goods and properties. She has a right to the same maintenance he gives to his other wives, if any, and may take action against him in case he discriminates against her.
Christian law: Daughter inherits equally with any brothers and sisters to her father’s estate or her mothers’. Wives are entitled to maintenance, from their husband, but his failure to provide the same is a note by itself ground for divorce.
Hindu Law: Daughters have equal right of inheritance as sons to their father’s property. They also have a share in the mother’s property. A married daughter has no right to shelter in her parents’ house, nor maintenance, charge for her being passed onto her husband. However, a married daughter has a right of residence if she is deserted, divorced or widowed.
Anyone fighting a property dispute case requires a legal heir certificate. You can getit from the Tahsildar. The court should issue a succession certificate. Considering the hearings, verifications and other court procedures, the case may go on for at least two years.
Daughters are equal to sons and they shouldn’t be discriminated against on the basis of gender.
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