WOMEN’S PROPERTY RIGHTS
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.
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