Earlier
women did not have any rights in the property and they were at the mercy of the
male members of the family. Joint Hindu Family, unique institution, acted as
refugee home of many women and widows and with the disappearance of the Joint
Hindu Family, the plight of women worsened.
Successive
governments have enacted various laws aiming at improving / conferring property
rights to women. Hindu Women’s Rights to the Property Act, 1937, deals 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, confers limited rights in the property to
any women. This limited right is called limited estate, where women do not have
right to disposal of the property by sale or by will. Women had full estate
rights i.e. absolute power including that of disposal by sale / will in
Stridhana property. Stridhana includes ornaments, apparel, gifts received and
property acquired by her savings.
The
Hindu Succession Act, 1956, brought out revolutionary changes in the property
rights of women. Section 14 of the Hindu Succession Act confers absolute rights
to a female in any property possessed by female Hindu. The rights are of full
nature including unfettered rights of disposal of property.
Section
14 of the Hindu Succession Act covers both movable and immovable property 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 includes Stridhana held by her before the
commence of this act. This absolute right operates retrospectively, since
Section 14 refers to the properties acquired before or after the commencement
of the act.
Another
area which was improved upon was the Co parcener’s property. Co-parcener’s
property is a Hindu undivided family property. The members of Hindu Undivided
property are called co-parceners who are related to the head of the family and
attain the right in the property by birth. The Co parceners include relatives
within four degrees including Kartha. Earlier females were not members of
co-parceners hence were denied succession to the ancestral property. Many
States such as Karnataka, Andhra Pradesh, Maharashtra, Tamil Nadu, Kerala etc.
amended the Hindu Succession Act 1956.
Amendment
to Hindu Succession Act in Karnataka came into effect on 30-07-1994. This act
gives equal status to women 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 women is entitled to equal share as that
of a son. The property so acquired is capable of being disposed by her through
will or any other testamentary disposition.
In
certain cases the ancestral house may be the co-parcenary property. Such houses
are generally, wholly occupied by the members 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 is entitled to a right of residence therein.
No comments:
Post a Comment