All About Women’s Property Rights
When it comes to women’s rights, disagreements over property ownership are common. Women’s property rights are frequently ignored in India, which has led to the government of India taking a number of progressive measures to encourage women to own property.
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The role of women in India has significantly changed over the past few years as a result of rising urbanization, exposure to education, and awareness. Women now seek an equal playing field in all spheres, including the family, profession, and even property ownership, as a result of being aware of their status as equal to males. The government was force to change its long-standing regulations that prohibit women from claiming their portion of the parental property due to the rising awareness of the need for equal rights for women.
Mothers’ rights to property
- Mother has the right to receive maintenance from her children who can support her because she is the first heir (Class I) under the Inheritance Law.
- Without a will, if a mother passes away, her property will be shared equally among all of her children, regardless of their gender.
- She still has the freedom to sell her half of the property however she sees fit.
- A widowed mother is entitle to the same share as her son in a joint family if there is one.
Daughter’s rights to property
- Right now, a daughter has the same inheritance rights to her father’s assets as a son. She also gains the claim to a portion of her mother’s estate.
- Gender discrimination is forbidden under the 2005 modification to the Hindu Succession Act. The amendment extended numerous new rights to the daughter.
- The same obligations that apply to the boy also apply to her.
She has, most importantly:
- Same rights and the same share as the boys’ part will be granted,
- the right to live there should she become divorced, widowed, or forsake her husband
- Right to the assets she has acquired through her lifetime, whether via work, gifts, or wills.
- The right to dispose of her portion as she sees fit, whether through sale, gift to another person, or will.
Married women’s property rights
- A married woman is the only inheritor of her husband’s assets and is still entitled to all property that has been earned, given to her, or left to her by will. She does not have the legal right to entrust her husband’s property to her relatives for upkeep.
- If a married woman inherits paternal property, she is only entitled to it if her father passed away after 2005.
Importantly, a married lady acquires the
- To give anything she owns, in whole or in part, to anyone without anyone’s hindrance
- To get maintenance from her husband and to maintain a home
- With a joint family, the woman has a right to financial support and housing from the family. She is entitled to a proper portion as of her husband in the event of his death, together with his mother & children, and in the event of a family split, she will receive a share comparable to any other family member.
Actions taken in India to address women’s property rights
According to Hindu Succession Act, 1956 Section 14, “Any property possessed by a female, acquired before or after the Act’s commencement, will be held by her as the complete owner and not as a limited owner.” The lady represents the sole owner of her property in accordance with this law. Notwithstanding these revisions, many women are still unaware of their rights and believe they have little control over their properties. The Center has introduced a number of legislative measures in an effort to strengthen women’s property rights.
The Act was further updated in 2005 to give women equal rights.
Daughters were given equal rights as coparceners under revisions made to the Hindu Succession Act in 2005. The modification was implement starting on the day it was announce. But cases dating before 2005 were not taken into account, therefore there was some ambiguity in the situation.
To put this to rest, the Supreme Court (SC) declared in a landmark decision on August 11, 2020 that daughters have the same rights as co-heirs under the Hindu Succession Act, regardless of when the amendment took effect. According to the Apex Court, a daughter acquires her coparcenary rights at birth. As a result, even though the father was not alive when the revisions to the Act were made in 2005, they nevertheless apply. Additionally, the daughter’s rights to coparcenary property are unaffected by her marriage.
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