Who Has Right Over Women’s Property - PowerPoint PPT Presentation

Title: Who Has Right Over Women’s Property


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Who Has Right Over Women's Property?
Feb 2018
PROPERTY RIGHTS OF WOMEN IN INDIA
In Green Homes
There have been many discussions about how the
property of a male member is treated upon his
demise. But, what really happens to the property
of a woman in the Hindu Undivided Family? The
Hindu Succession Act, 1956 Lays down the
foLLowing-
According to the law, Hindu woman is the full
owner of the immovable as well as the movable
property she has acquired before and after the
beginning of this act. The property which a woman
has inherited, property received as a gift,
received after property partition, a property
that belongs in lieu of maintenance or arrears of
maintenance, or she may have bought will be her
full property. Everything she may have bought
post marriage also remains her complete property
and she has all the right to it. It shall,
however, not apply to any of the property that is
acquired by the way of gift or under the will or
under decree or order of a civil court or any
other instrument or under an award where the
terms of gift or award prescribe a restriction in
such properties. Upon the demise of the woman,
wherein woman has not left a will behind,
following is the usual course of law. The prime
preference is given to offspring, which includes
kids of any pre-deceased son or daughter. Also,
the husband is an equal preferred successor. In
absence of above, second preferred successors are
heirs of the woman's husband and parents are the
third. It has been at times pointed out that law
is unduly partial towards the patriarchy. But,
the law doesn't introduce exceptions as well.
For instance
In Omprakash Versus Radhacharan Case in 2009,
Supreme Court upheld the woman's property should
actually move to the husband's heirs. This would,
however, been difficult situation providing that
woman was widowed within 3 months of the wedding
and was turned out of the house of the husband.
This, she lived with her own parents. Upon the
death of the woman, the husband's sister claimed
her property as the law says that in absence of
husband and kids, the next successors are
husband's heirs which include his sisters. Her
wealth, however, was completely self-acquired and
nothing was built while using her husband or the
father-in-laws' money. But, Supreme Court stuck
to the law and property was transferred to
husband's heirs. 2007 Law Commission, however,
the report did society quite a favor. It was
debated that makers of the law may not have taken
such a scenario as an anomaly. Or, women with
self-acquired property in 1956 were unheard of
and thus the law was shortsighted. Thus, two
exceptions were actually introduced. This would
certainly help the situation by identifying the
source of self-acquired property. Here's how-
Primarily, any property that is inherited by the
female Hindu from her mother or father shall
devolve in absence of any daughter or son of
deceased which includes kids of any pre-deceased
daughter or son not upon the other heirs referred
to sub-section (1) in the order specified therein
but upon the heirs of the father.
Secondly, property inherited by the female Hindu
from her husband or from father-in-law shall
actually devolve, in absence of any
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daughter or son of the deceased including kids of
any predeceased daughter or son not upon other
heirs referred to the sub-section (1) order to
specify therein certainly upon the heirs of the
husband. With this provision, it does become
clear that property of a woman in a similar case
would actually be treated on the base of the
source of acquisition of such property. The
fourth preferred is provided to the heirs of
father and lastly, in absence of heirs, it can be
claimed rightfully by heirs of the mother.
n g
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