Constitution of India does not differentiate
between males and females. Women have equal rights as that of a man in every
sphere. 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
for many women, widows. With the disappearance of the Joint Hindu Family, the
plight of women worsened. Gradually in course of time, the women have acquired
absolute rights over the property as that of a male. 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 the death of her husband who does not make
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
limited rights to the property, to the women. This limited right is called
limited estate. Under limited estate rights, the women do not get any rights to
alienate the property by Sale ,
Will and Gift etc. But the women had full rights including that of alienation
by Sale , Will
in case of Stridhana Property. Stridhana includes ornaments, apparel, gift
received, property acquired out of her savings.
REVOLUTIONARY CHANGES
The Hindu Succession Act 1956 brought out
revolutionary changes in property rights of women. Section 14 of the Hindu
Succession Act, confers absolute rights to the female in any property possessed
by Hindu female. 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, demise, 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. This absolute right operates retrospectively,
since the Section 14 refers to the properties acquired before or after the
commencement of the act.
RIGHTS IN FAMILY PROPERTY:
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 is called co-parcener 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. Women
who have married prior to 30-07-1994 do not have any rights in the
ancestral/co-parceners properties. But this act gives women equal status as
that of a Male who are married or not subsequent to 30-07-1994. 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. Generally, members of the joint family, mostly male co-parceners
reside in such houses. 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 is entitled
to a right of residence therein.
No comments:
Post a Comment