Hindu women‘s right toproperty

CONTENTS

Property rights Right in any form of property

are ,are claims that are legally &socially recognized and enforced by external legitimized authority.

Property rights include the legal rights to acquire, own, sell transfer property ,collect and keep rents, keep one’s wages, make contract and bring lawsuits.

CHARACTERISTIC FEATURES OF WOMEN’S ESTATE

The new law of succession to women's property has been laid down in section 15 and 16 of the Hindu succession act 1956. She is an owner of her property in the same way as any other individuals can be owner of his or her property, subject to two basic limitations:(a)She cannot ordinarily alienate the corpus and (b)On her death it develops upon the next heir of the

last full owner .

Power of management :Her position in this respect is somewhat superior to the karat She has not to look after or bother about others .Thus ,she alone is entitled to the possession of entire estate and she alone is entitled to its entire income.

Power of alienation: she can alienate the property for (a) legal necessity.(b) For the benefit of estate (c)For the discharge of indispensable religious duties such as marriage of daughter ,funeral rites of her husband ,his shraddha, and gifts to Brahmans for the salvation his soul .

The holder of women’s estate has following power

Section 14, Hindu

succession act, 1956

Sub-section (1) of S.14 . Any property possessed by a female Hindu, whether acquired before or after commencement of this act ,shallbe heald by her as full owner thereof and not as limited owner .

Sub- section(2) of S.14 .retains the power of any person or court to give limited estate to women in the same manner as limited estate may be given to any other person .

Women’s estate and widow remarriage act, 1956

In Section 2 ,it provides that the rights and interest in certain properties which gets from her husband as limited estate ,shall cease upon her remarriage and shall devolve as if she had died .

Hindu woman entitled to equal property rights: Supreme Court

A Hindu woman or girl will have equal property rights along with other male relatives for any partition made in intestate succession after September 2005, the Supreme Court has ruled.“The new Section 6 provides for parity of rights in the coparcenary property among male and female members of a joint Hindu family on and from September 9, 2005. The legislature has now conferred substantive right in favor of the daughters.

“According to the new Section 6, the daughter of a coparcener becomes a coparcener by birth in her own rights and liabilities in the same manner as the son. The declaration in Section 6 that the daughter of the coparcener shall have same rights and liabilities in the coparcenary property as she would have been a son is unambiguous and unequivocal,”Justice Lodha, writing the judgment, said.The term coparcener refers to the equal inheritance right of a person in a property.