Get Inspired, Be Empowered Forums Rights & Laws Property rights of a women

2 replies, 3 voices Last updated by Shailesh 1 year ago
  • Samriti Sharma

    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 Iqbal
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    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.

    Not Helpful

    Property Rights of Women: Empowering Equality and Economic Independence

    In societies across the globe, women have long faced obstacles when it comes to property ownership. However, the recognition and protection of property rights for women are crucial steps towards achieving gender equality and empowering women’s economic independence. In this article, we will explore the significance of property rights for women, highlighting how they contribute to social progress and the overall well-being of individuals and communities.

    Property rights are fundamental human rights that ensure individuals have legal ownership and control over their assets, including land, housing, and other forms of property. Historically, women have been disproportionately disadvantaged in this regard, facing discriminatory laws, cultural norms, and societal biases that limit their access to and control over property. This has had far-reaching consequences, perpetuating gender inequalities and hindering women’s economic empowerment.

    Recognizing and protecting the property rights of women is crucial for several reasons. Firstly, it promotes economic independence. When women have secure and equal property rights, they can access credit, start businesses, and engage in economic activities on an equal footing with men. This not only benefits individual women but also contributes to overall economic growth and development. Studies have shown that increasing women’s access to and control over property can have a positive impact on poverty reduction, food security, and community well-being.

    Secondly, property rights for women foster gender equality. By ensuring that women have equal rights to own, inherit, and manage property, societies challenge deeply ingrained gender norms and stereotypes. This helps to break the cycle of economic dependency and empowers women to make decisions about their lives, families, and futures. Property ownership provides women with a sense of agency and autonomy, enabling them to participate more fully in social, political, and economic spheres.

    Moreover, securing property rights for women has a positive impact on their overall well-being and that of their families. When women have control over property, they can provide stability and security for themselves and their children. They can make long-term investments in education, healthcare, and other essential needs. This, in turn, leads to improved health outcomes, increased educational opportunities, and enhanced intergenerational social mobility.

    It is important to address the barriers that hinder women’s access to property rights. Legal reforms, policy changes, and awareness campaigns are crucial in challenging discriminatory laws and practices. Additionally, providing legal aid, financial support, and educational programs can empower women to assert their rights and navigate the complexities of property ownership.

    Furthermore, community engagement and changing societal attitudes are key to ensuring the effective implementation of property rights for women. It requires challenging harmful gender norms and promoting a culture of gender equality and respect. Engaging men and boys as allies in this process is essential in creating a more inclusive and equitable society.

    In conclusion, recognizing and protecting the property rights of women is a critical step towards achieving gender equality and empowering women’s economic independence. It promotes economic growth, fosters gender equality, and enhances the overall well-being of individuals and communities. By removing barriers and ensuring equal access to property ownership, societies can create a more just and inclusive future for all. Let us work together to dismantle discriminatory practices and create a world where women’s property rights are respected, valued, and upheld.

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