Women’s Right to property in India.
Every citizen has a right to claims to private property that are recognised in terms of legal aspect as well as in terms of social aspect and which is enforceable by the legal authorities in power if we define property rights broadly land rights comprise and can be determined by a variety of claims to land from which benefits can be determined and produces can be obtained
Property claims consist of consist of inheritance transfer from the states hold arrangement in terms of tenancy and it also includes purchasing of the land are all that comes under the title of property rights or land claims. Women place an integral part across the globe in every field especially when it comes to food and goods production women across the world is believed to live below the average poverty line and this in turn takes them to factories to earn their livelihood it is estimated that 1/3 of the women’s population in the world does not have sufficient housing facilities which in turn takes them to settle in rural areas as they are not inherited with any property which can prove to be a source of income during these adverse times.
During the time the only option left with them is to engage themselves in Labour waged industries so that they can look after their families the increasing vulnerability of women in terms of earning and in terms of exploitation in work is immense and devastating at the same time The combined step of globalization and industrialization hi sis seen an immense increase in the number of women to earn for their family and to look after their themselves. The women are however coming to the track through this very idea of globalization and industrialization which hires women as well to accomplish a particular task
Although women’s right to property was not given any weightage during ancient times and the denial of rights of women’s to property has its deep-seated route in history itself where it was believed that after women being married it will be of no use to pass on the ancestral property to her as she was regarded as a stranger’s money during those ancient periods. However, there are colossal benefits of womens right to property as it will assist them to achieve a social and psychologically strata in the society so that they can encounter any adverse situation can that come their way in terms of finance and economics the idea of industrialization and globalization has a concentrated goal and has forced many families to focus more on income generating activities rather on old subsistence norms of the society.
There is a lot of economic profits for the womens right or access to property and our government is endeavouring a lot whereby the women have more access to land properties so that they can cultivate their own land or they can form women groups to learn more about agricultural skills an instrument of the age and it has also proved that there has been an increase in the of output from those previous lines where only man cultivated their lands for the produce of the crop. Further the aspect of psychology inculcates that the economic growth of that given community by experience persistent Labour force participation rates it can increase income generation and a greater investment can be done in child health care and education of the children whereby weekend undertake the policies to eradicate the Child Exploitation and poverty and breaking of the poverty cycle and to come above the poverty line in India.
Women who can meet their own needs are threatened by their Male counterparts to leave the house if they are not given large share from the produce however due to patriarchal property rights husbands decision and the social norm of superiority of husband in every aspect is devastating. Both the right to manage land and control the income from the production of the crop it secures right to the land access only to the man and not 2 women. For women access to the land and property are very important for their sustainable development and for their own personal development but they are dependent on their male counterparts for their income for their livelihood and also for their personal development. Because of the worldwide prevalence of this social and old norm of male superiority Because of the same women have been control since ages and they don’t have even their right 2 little opportunity to improve their living conditions within the family or community in which they are presently living in. They are always dependent on Mail for their own general development and to support their families. According to patriarchal communities there is a strong resistance from men towards the development and growth of women especially to the daughters with the right to access to the property which should be the basic fundamental right of the women specially the daughters.
There are many barriers to change the status of the daughter to inherit the property of their fathers or the ancestral property of the family. There are a large number of inadequate laws and systems of enforcement why we are framing a lot of contemporary laws regarding other aspect we are not focusing on the women’s right to properties which gives inheritance right to women’s so that they can be used for the upliftment of the daughters or the women in general the very social norm of marriage has remain unchanged where the male dominates the female counterpart and as such these marriage practices and inherent loss basis toward the male property where he can only inherit the property and not the daughter this is also very evident from the dowry process where the large sum of amount is taken by the family of the Mail from the daughters family or from the wives family in many traditions or cultures the dowry is considered to be inheritance or as a direct portion of her inheritance does while in some communities the social representation of inheritance in the form of dowry is prevalent.
There is also lack of awareness existing in laws and insufficient understanding of legal red dress options Also women are not given proper education as men are given which in turn makes them incompetent to understand the prevalent social laws regarding their rights to everything as men are given it also brings a shame to the idea of challenging this gender inequalities policy and the land rights to women
. Gender ideologies or is cheerio typical thoughts of the people where by they don’t let women to keep flying as women are considered to be inferior to men in every sphere of life whether it is before marriage after marriage she has to face every kind of exploitation in every sphere of her life whether it is education whether it is marriage or maybe after marriage and thus the way that an issue is framed and implemented for the women’s right is very important especially when it comes to the particular point of women’s right to property
India is a secular country different laws have been laid down by different religion in
Hindu law it is states that son and daughter have equal right to their fathers property mothers property share will also be given to daughters according to Hindu succession amendment act of 2005 which came into force on 9th September 2005 it remove gender disparity and gives following rights first the daughter becomes a coparcener as that of the son second the daughter has the same right as the son has 3rd the daughter shall be subject to the same liability as son the daughter is allotted same share of the land as son is Women has a full right over the land which has been gifted to her or has been built to her provided that she is at the age of major or she has attained the age of majority a married woman has right over her individual property she is the sole owner of the land and she can manage her asset weather inherited or gifted to her she is entitled to the maintenance support and subject and shelter from her husband or if husband belongs to a joint family then from the family of the husband if there is a dispute between the family that is it may be between the husband and her sons she is entitled to equal share to ask any other person on the same way if her husband dies she has equal share of his portion along with her children and his mother A widowed mother as a part of joint family estate has a equal share to the share of a son all property which can be disposed off at her own Bell or she can even give to the property as well in case she dies her children inherit the property without the discrimination of any *** and it it may go equally if she has daughter and son
According to the Muslim law daughter has equal rights and she has one half of the science in keeping with the concept that women is high worth a man she has full control over this property daughters have right of residence in parents house as well as right of maintenance in case she has children the charge falls upon them or supporting her mother in Islamic law women is always inferior to the status of man According to the Supreme Court judgment should give reason for the future development in the growth of the women or for a future needs as well right mehr according to the terms of the contract agreed at the time of marriage she will inherit from him extent of 18 if there are children or 1/4 if there are none in case of divorce she ahs the right to maintenance According to the Muslim law my property is to be divided equally and if a child is death she is entitled to one of the property of the child.
According to the Christian law brothers and sisters have equal right to her fathers state on her mothers state the daughter is entitled to shelter but it should be before marriage and she is not entitled to maintenance from our parents after marriage upon attaining majority she has full rights over her personal development and property until then father is considered as a natural Guardian wife is entitled to maintenance my husband if her husband dies the wife has a right to 1/3 of his property the rest is divided among the children in case of mothers children death she may inherit 1/4 of the asset and increase in law mother is not entitled to any maintenance from her children
The Hindu succession act 1956 which came into force on 17th June 1956 aimed at removing of women denied to property or estate. Effective law was required to be imposed which gives equal right to women to property and also to improve the stature of women in the society
The 2005 Hindu succession amendment act in ancient time after the girl was married, she was regarded not a member of her father’s Hindu undivided family after she got married anymore. Because of the amendment act women have equal rights to their fathers and sister property as sons have or men have irrespective of the marital status of the women, she is considered now to be a member of her father’s family
Till today also women find it very difficult to go to court and see for their right to property even though there have been a lot change in the legal justice regarding to the right of women to property or the succession rights of women The women find it very difficult to present themselves as a client as most of the time they’re being pointed out buys it so the need of the hour is that we should now try to understand the women and there right 2 property should be comprehended with equal thinking as that of men.
Exploited and voice I’ve never raised for them for their rights and for their development in the society so the act of 1956 hampered this and disabled men from being financially independent the amendment act has come out to be very helpful to the women seeking financial independence as they they no longer have to bear on their male counterparts and they can fulfil their own dreams standing on their own feet and coming up with there with the new ideas so that they can deliver their own new life with their own dependency not depending on anybody else for their financial assistance.
Property right to women in India is unfortunately depends on various religious beliefs as in India we have different law regarding inheritance of property to women in different religion.
The Hindu succession Act 1956 governs the property rights of Hindus, Sikhs, Buddhist and Jain
The Indian Succession Act of 1925 provide the right to property to Christians and Zoroastrian
The Shariat Act of 1937 gives the right to property to both Sunnis and Shias women which are the two major communities. This has not been codified in India yet.
It is a grim reality that India which follows Uniform Civil Code in India does not have right to equal access to property to women but the government has come up with many amendments to deal with this inequality in the society.
Some propounded judgements:
1.Vineeta Sharma v. Rakesh Sharma
2.Prakash & Others Vs. Phulavati & Others, (2016) 2 SCC 36,
3.Danamma @ Suman Surpur & Another Vs. Amar & Others, (2018) 3 SCC 343,
All these effort by judiciary shows that those constant efforts are taken to ensure the eradication of the evil of denying right to property to women in India. The women should be treated well and equally ro men in every sphere of life so that more productivity and efficiency in the working atmosphere of the country is attained and also, we should ensure that women should have equal rights to property to Their. Mother or father’s property
Women’s right to property plays a significant role in the country development because as such they get financial support so they can face the adverse situation. As matter of fact this helps to achieve women a particular stature in the society where she represents herself without being depend on others especially male counterparts for her needs and she can stand in her own feet for her personal development and most of the time it happens that Indian men because of some reason or the other abandon their wives so the women’s right to property can really be useful during those period so we should ensure that women’s get equal right to property as men are given.
NAME : ANANYA SHRI SINGH
INSTITUTE : INDORE INSTITUTE OF LAW
YEAR : 1st YEAR
COURSE: B.A.LL. B ( HONS)