India has been a patriarchal society from the beginning of our modern history. Roles and responsibilities are clearly defined, with men being breadwinners and decision-makers while women tend to their spouses and children and attend to the household chores. But the World we live in is no longer a man's playground.
India has been a patriarchal society from the beginning of our modern history. Roles and responsibilities are clearly defined, with men being breadwinners and decision-makers while women tend to their spouses and children and attend to the household chores.
But the World we live in is no longer a man’s playground. We see women in every field not just going toe-to-toe with the counterparts of their gender but exceeding them in many ways. But there is always resistance when a society has thrived on certain traditions and beliefs for thousands of years. Patriarchy, social stigmas and age-old customs that say women are something lesser to men and aren’t their equals, unfortunately, a notion that is yet to be vanquished completely.
So even though the principles of natural justice demand fair and equal treatment to all, in a nation of people still comfortable within the clutches of draconian ideologies, the law has to bow down to these ideologies to strike a balance.
One such ideology that the law has had to bow down to is Property Rights, or, to be more specific, women’s Right to inherit property. For a law to discriminate against women when it comes to inheriting the property of their parents to conform to the sentiments of the regressively traditional populace is something to think about.
The Hindu Succession Act of 1956 was one such piece of legislation. The great matter to be noticed here is that this discriminatory and regressive Act was passed 9 years after India attained its independence. That is six years after India became a republic and our constitution guaranteed the Right to equality under Article 14. This Act explicitly denies a woman’s Right to inherit the property of her parents and states that the eldest male member of the family shall be the rightful heir to the family heirloom. It was only in 2005 that an amendment to the Act abolished this discrimination. We shall now look at the standing of women when it comes to the
Right of Inheritance From Five Perspectives
- Before the commencement of the Women’s Right to Property Act of 1937
- Enactment of the Women’s Right to Property Act, 1937
- Enactment of the Hindu Succession Act, 1956
- The Amendment of 2005 to the Hindu Succession Act of 1956
Before the Commencement of the Hindu Succession Act of 1956
Before the Hindu Succession Act of 1956, women had certain rights over property under the traditional system. The property owned by women was known as Streedhan.
Streedhan means ‘the wealth of a woman. According to Smritikars, the forebearers of the law, streedhan constituted those properties that she received through gifts from relatives, which mainly included movable property such as ornaments, jewellery, and garments. Such properties were specifically known as saudaiyika streedhan. You can make Online Property Registration in 2023.
The Items covered under Saudayika Streedhan were:
- Gifts and bequests from relations
- Gifts and bequests from strangers
- Property acquired by self-exertion and mechanical arts
- Property purchased with streedhan
- Property acquired by compromise
- Property obtained by adverse
- Property obtained instead of maintenance.
Women had absolute ownership of Saudayika Streedhan and could do whatever they felt like with such property, including selling it. Women could also hold ownership over land, or rather, immovable property. The following conditions were laid down for a property to fall under this category.
- Property obtained by inheritance
- Share obtained on partition
Women Enjoyed the Following Powers Over an Estate Under Their Ownership
- It gives women absolute ownership of property.
- She has the full rights of its disposal or alienation.
- She can sell, gift, mortgage, lease, exchange, or if she chooses, she can put it on fire,
- Her property can be passed on to her heirs upon her death.
Women could also possess a property that was gifted to them by non-relatives. But this property could not be classified as Saudayika property, and after marriage, the woman would lose her absolute ownership over Non-Saudayika property. The woman would have to seek the permission of the husband to dispose of such property.
Enactment of the Women’s Right to Property Act, 1937
This Act was an attempt to reform the Right of inheritance of widows. It was legislated through this Act that on the intestate death of a man, or when a man dies without a will, the owner of the man’s estate will pass on to the man’s widow. This was in contrast with the existing practice where the property of an intestate man would be distributed amongst the other surviving male members of the man’s family. However, the woman had limited rights over the disposition of the property under this law. This meant that she could use the property but could not sell or lease the property. Also, the Act upheld the practice of devolution of the non-saudayika property after a woman’s marriage.
Enactment of the Hindu Succession Act of 1956
This legislation was focused on abolishing the devolution of a woman’s property post-marriage. Any property owned by a woman, whether through gift, bequeathment or by purchase through her means, would remain the property of the woman even after the marriage. She would have absolute dispositional rights over such property, which would be passed on to the woman’s heirs after her death. However, as far as the Right to succession came, only male family members were considered coparceners, and dispositional powers of the property belonged solely to the male members of the family.
The Amendment of 2005
This was seen as a landmark Amendment as now married women could inherit their father’s property which was previously only enjoyed by the male members of the family. In other words, women could now become coparceners in a succession of the property of the patriarch and held equal dispositionary rights to the property. The Amendment to Section 6 of the Hindu Succession Act that deals with the Devolution of Coparcenary property has made this possible, and women can also inherit property as coparceners.
Conclusion
All social practices begin as cultural practices. But the moment the practitioners forget the essence of the practice, it turns into a mindless and orthodox tradition, which cannot be questioned and has to be followed without any understanding. Many traditions and beliefs in our ancient practices have lost their essence with time and hence have no place in the society we exist in today. However, slowly and progressively, we are moving towards a more positive direction, especially regarding women’s rights. The judicial machinery is very heavy-handed in cases of discrimination and abuse as far as women’s rights are concerned. If you have any such queries or are seeking legal advice relating to such matters, feel free to get in touch with our team of expert lawyers, who can understand your requirements and help you with your needs.
FAQs
What is the women's right in father's property?
In many jurisdictions, women have legal entitlements to their father's property, ensuring gender equality. These rights may vary based on local laws, but modern legal systems generally recognise and protect a daughter's claim to her father's assets, promoting fairness and eliminating gender-based discrimination.
What is the property of the mother in the Hindu Succession Act?
The Hindu Succession Act recognises a mother's right to an equal share in ancestral property. Amendments over the years have strengthened women's property rights, ensuring mothers enjoy equal inheritance rights as their male counterparts, contributing to a more equitable distribution of family assets within the framework of the Act.
Can a married daughter claim father's property?
Yes, married daughters have the legal right to claim a share in their father's property. Many legal systems now treat daughters, whether married or unmarried, equally in matters of inheritance. This reflects a shift towards recognising women's autonomy and dismantling outdated gender-biased norms in inheritance laws.
Does the wife get 50% of the husband's property after divorce?
The division of property after divorce varies across jurisdictions. While there's no universal rule, many legal systems aim for a fair distribution rather than a fixed 50%. Factors like contribution to the marriage, financial situations, and childcare responsibilities are considered to ensure a just and equitable division of assets.
What are the rights of a woman in property?
Women's property rights encompass ownership, control, and inheritance. Modern legal frameworks aim to ensure women have equal rights to acquire, manage, and inherit property. This fosters financial independence, empowers women in familial and societal contexts, and contributes to breaking traditional gender norms.
In what situations are daughters not eligible for property?
In some instances, daughters may face restrictions on property inheritance, such as when they voluntarily relinquish their rights, are legally disinherited, or if specific cultural or religious practices are invoked. However, evolving legal norms increasingly challenge such exclusions, promoting gender-neutral inheritance laws.
Is a married daughter eligible for mother's property?
Yes, under progressive legal frameworks, a married daughter is typically eligible to claim a share in her mother's property. Legal systems recognise the equal rights of daughters, whether married or unmarried, fostering a more inclusive and fair approach to inheritance, aligned with principles of gender equality and social justice.
What is the new law for daughters in father's property?
Recent legal reforms focus on reinforcing daughters' rights in their father's property. These changes often eliminate gender-based distinctions, ensuring daughters inherit on an equal footing with sons. These progressive measures seek to rectify historical inequalities and promote a more just and inclusive legal framework for property inheritance.
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