Women rights in parental property

Introduction

Women’s property rights are property and inheritance right enjoyed by women as a category within society at any point in the times. The pattern and rights of property ownership vary between societies and are influenced by cultural , social political and legal.

Historical background

As a prevalent Mitakshara system was patrilineal , the women was not even given a birthright in the family property like a son. No female member was allowed to be a coparcener .there is an text of the Vedas which is ample authority for the general exclusion of women from inheritance. A vedic text concerning inheritance goes follow HYADAYADAH STRIONRITAM which means devoid of process and incompetent to inherit women are useless.

Highlights

On august 11, 2020 supreme court ruled that daughters have equal rights as that of son on parental property they shall remain coparcener throughout their life the judgment also said that according to section 6 of the Hindu succession act 1956 the status of coparcener on the daughter born before or after amendment in the same manner as that of the son.

Coparcener

The term coparcener is a person who assumes legal right in parental property by birth only.

Major changes

In 2015 , the supreme court had pronounced that the right under the amendment of Hindu succession Act , 1956 is applicable only to living daughter . However , in the recent judgment the apex court pronounced that judgment that “ a daughter always remains loving daughter throughout her life “

Hindu succession Act, 1956

The act codifies laws related to intestate or unwilled succession among Buddhist Hindus , Jains and Sikhs. It provides a uniform and comprehensive system of inheritance and succession. It was amended in 2005. Under the amendment, section 6 was inserted.

Background

Till 2005, the Hindu succession Act, 1956 was biased against women. Only after the amendment in the act, equal rights were awarded to daughters in their father’s ancestral property. Under the act, the Hindu women can inherit all types of property. This includes both movable and immovable property. There are two ways a women can inherit property under the law

1) If someone leaves a property through will. This is called inheritance through will.

2) When there is no will, then the inheritance is achieved through succession.

Key point of the act

1) Daughters have same rights to inherit their mother’s property as that of their son. They inherit equally.

2) The rights of a widow in same as that of a married woman to acquire property.

3) A mother inheriting from her son does change based on whether she is widow, remarried or divorced.



Credit: Tanvi kamble

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