Women’s Property Rights

Women’sProperty Rights

Earlier women did not have any rights to the property and they were at the mercy of the male members of the family. Joint Hindu Family, an unique institution acted as refugee home of many women, widows. With the disappearance of the Joint Hindu Family, the plight of women worsened.

Successive governments have enacted various laws improving / conferring property rights to women.

Hindu women’s rights to the property act 1937 dealt with the rights of Hindu widow, on her husband dying without making any will.

In such cases, the widow or widows are entitled to the share of the property as that of a son. But her interest in the property, Hindu Women Estate is limited interest.

Karnataka Hindu Law Women’s rights act 1933 conferred a limited rights to the property, to the women. This limited right is called limited estate, which do not have right of disposal of the property by sale, will.

Women had full estate rights, that is absolute power including of disposal by sale / will in Stridhana property. Stridhana includes, ornaments, apparel, gifts received, property acquired by her savings made.

The Hindu Succession Act 1959, brought out revolutionary changes in property rights of women. Section 14 of the Hindu Succession Act, confers absolute rights to the to the female in any property possessed by female Hindu acquired. The rights are of full nature including unfettered rights of disposal of property.

The property covered under the section 14 of the Hindu Succession Act is both movable and immovable, which is acquired by inheritance, devise, partition, in lieu of maintenance, arrears of maintenance, gift, property acquired by her own skill, purchase, prescription, or in any other manner and also Stridhana held by her before the commence of this act. This absolute right operates retrospectively, since the Section 14 refers to the properties acquired before or after the commencement of the act.

Another area which was improved upon is Co‑parceners property. Co-parceners property is a Hindu undivided family property. The member of Hindu Undivided property are called co-parceners who attains the right in the property by birth. They are all related to the head of the family. This Co‑parceners include relatives within four degrees including Kartha. Earlier females were not member of co-parceners hence were denied succession to the ancestral property. Many States, Karnataka, Andhra Pradesh, Maharashtra, Tamil Nadu, Kerala have amended the Hindu Succession Act 1956.

Amendment to Hindu Succession act by Karnataka has come into effect from 30-07-1994. This act gives women equal status as that of a Male. She becomes a member of Co‑parcenary by birth in the same manner as that of a son.

On partition of the co-parcenary property, she is entitled to the equal share as that of a son. The property so acquired on succession is capable of being disposed by her, through will or any other testamentary disposition.

In certain cases the ancestral house might be the co‑parcenary property. Such houses are generally wholly occupied by the member of the Joint Hindu Family. In such cases, the female member cannot force a partition of such ancestral house unless other male members in occupation of the house opt for partition.

But the unmarried daughter, a married daughter deserted or separated from her husband, or a widow are entitled to a right of residence therein.

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