In a patriarchal society, rules are based on gender, and India’s property & inheritance laws have historically been oppressive to women. Things began to improve after independence & more so in recent years. Since India lacks a uniform civil code, claims to property and succession depend on the claimants’ religious beliefs. However, regardless of their affiliation with a particular faith, group, or sect, women are treated slightly differently under inheritance laws than males. Daughters and wives now have some relief thanks to recent changes to Hindu inheritance laws for women. Although there have been some minor revisions in recent years that do not affect inheritance or property rights, the Islamic Laws for Women are still distinct and stricter. Christian law is more permissive.

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Each religion, though, has its own set of laws. There is the Hindu Succession Amendment Act 2005, the Hindu Succession Act 1956, and more. The Indian Succession Act of 1925 and the Muslim Personal Law Application Act of 1937 follow. They will be referred to as Hindu Law, Muslim Law, and Christian Law in this context. Hindus, Jains, Buddhists, and Sikhs are all subject to Hindu law. The article’s conclusion may help you better comprehend women’s inheritance rights and inheritance laws.

Let’s use the example of the following circumstance to further appreciate how property laws might affect women’s life.

How Women’s Property Laws Affect Their Quality of Life

Think about a scenario where Priyanka marries and moves in with her spouse in his office space. Her husband’s parents-in-law maintain a separate residence that they built a few years ago. Priyanka’s husband passes away after two years of marriage without leaving a Will or accumulating any property. Priyanka must leave the office apartment. They won’t let her stay with her in-laws despite her request. She visits her parents, but her brother forbids her from staying with them. Priyanka’s brother lives there with his family because her father passed away intestate (without leaving a Will). Now, where can Priyanka go? What does she possess that is hers?

Let’s take a closer look at the property rules that apply to women in order to find a solution to this issue.

Hindu Law’s Property and Inheritance Rules for Women

Since ancient times, property laws for women have changed significantly. Even after gaining independence and establishing the laws, numerous modifications have brought women’s rights in the patriarchy on par with those of men. Currently, Hindu women are subject to the following inheritance regulations.

Rights to property for daughters

Like her siblings, a daughter is entitled to an equal part of the property owned by her parents (the mother and the father). She co-owns the ancestral property with her brothers and is liable for the same debts associated with it. If a married daughter is abandoned, widowed, or divorced, she may request maintenance or housing at her parents’ home. A daughter has full ownership rights to any property or asset that is given to her in a will or by gift once she reaches adulthood.

Wife’s Property Rights

A married woman has complete control over her personal property, which she is free to sell, give as gifts, or otherwise dispose of, in accordance with Hindu Succession Law. In the event of a HUF, she is entitled to housing, assistance, and maintenance from her husband and his family (Hindu Undivided Family). She receives the same portion as everyone else when her husband & her children divide the land. Additionally, in the event of her husband’s passing, she would be entitled to an equal share of the assets that would otherwise be split among her, her children, and his mother.

Mother’s Property Rights

As a Class I heir, a mother receives an equal portion of the assets left by her deceased son, together with his wife & children. A mother is entitled to an equal portion of the property as each of her children if the children divide the family asset following the father’s passing. She has a right to maintenance and housing from her qualified children. She has complete control over her belongings and resources and is free to use them however she pleases. However, all of her children will inherit her possessions equally when she passes away.

Sister’s Rights to Property

Sisters who are Class II heirs—mother, wife, and children—can only inherit from their deceased brother if he had no Class I heirs.

Property Rights of an In-Law Daughter

The rights of a daughter-in-law are severely restricted by the Hindu Succession Act’s inheritance regulations for women. A daughter-in-law has no claim to the assets that her in-laws own, whether they were gained through inheritance or self-procurement. She can only obtain ownership of these assets through her husband’s part of the inheritance.

Rights to Property for a Divorced Woman

A divorced woman is entitled to maintenance & alimony but is not permitted to establish a claim against her ex-assets. husband’s the husband is recognized as the owner if the property is registered in his name. If the property is co-owned, the wife must demonstrate her involvement in the purchase. According to women’s property regulations, she would thus only be eligible for the share up to the amount she contributed to the aforementioned property. Whether or whether the man has remarried, the wife & children are entitled to their inheritance on the guy’s property in the event of a separation without a legal divorce.

property rights of a widow who has remarried

Along with the other Class I heirs—the husband’s mother and children—a widow receives an equal portion of the estate. The Hindu Widow Remarriage Act of 1856 required the widowed wife to renounce her claim to her ex-property husband’s in the event that she remarried. However, according to Section 24 of the Hindu Succession Act of 1956, the widow will own her half of the property if she is still single at the time the property allocation is decided and marries long later.

 Rights to Property of a Second Wife

Polygamy is prohibited by the Hindu Marriage Act of 1955, and a man is only allowed to have one legitimate wife at a time. So, a key consideration in this case is whether the second marriage was legal. The second wife is a Class I heir to the man’s property if he marries again after the death of his first wife or following a legal divorce. If not, the second wife will not inherit the deceased man’s property; but, her children from this marriage will.

Christian law’s property and inheritance rules for women

Let’s examine the inheritance laws for women in different types of relationships in light of Christian law, which also applies to Jews and Parsis.

Rights to Property as a Daughter

Along with her siblings, a daughter would receive an equal share of both of her parents’ assets. Until she marries, she is given care and support by her parents. She is then her husband’s responsibility to maintain. As long as she is a minor, her father will continue to be her natural guardian. She is fully entitled to her personal property now that she is a legal adult.

Wife’s Property Rights

A woman is entitled to maintenance from her spouse as a wife. She has the right to seek for divorce on this ground if he refuses to give it. Christian women’s inheritance rules state that a widow is only entitled to one-third of her husband’s assets, with the remaining property being shared equally among the deceased’s children. If there are no children, she receives half of the assets. The mark indicates that the wife must receive at least INR 5000 from her deceased husband.

Women’s Property Rights

Christian women’s property laws do not regard mothers as being dependent on their offspring. A woman is not entitled to maintenance if she is a mother. However, the mother is entitled to one-fourth of the asset if the deceased child was not married and had no children.

Women who are divorcees, widows who have remarried, or second wives continue to be subject to the same inheritance regulations as under Hindu law.

Islamic/Muslim Property & Inheritance Laws for Women

This law adheres to Sharia law and has different requirements than laws from other religions.

Rights to Property as a Daughter

The faith holds that a woman is only worth half as much as a male. Daughters receive half of what sons receive under the inheritance laws in this country for women. However, a woman has total authority over her possessions and is free to manage, sell, gift, or dispose of them as she pleases. Daughters are entitled to live in their parents’ homes up to marriage & after widowhood or divorce if they don’t have any or only little children. It is the children’s job to care for their mother once they are old enough to do so.

Wife’s Property Rights

A married woman has complete ownership over her own assets and other items, according to Sharia property regulations for women. She is entitled to support from her husband, any reasonable expenses incurred during the divorce, and the “Mehr” sum agreed upon during the marriage. If she is the sole wife left after her husband passes away and there are no children in the marriage. She will receive one-fourth of his assets and one-eighth if there are. If the deceased husband had multiple wives, each wife’s inheritance would be cut in half, or around one-sixteenth. A husband’s will can enhance the wife’s fortune to a certain level in the absence of additional sharers.

Mother’s Property Rights

A mother who is widowed or divorced is entitled to support from her children. As well as a one-sixth inheritance of the estate of her deceased child. Her own property is distributed in accordance with Islamic law.

According to Islamic inheritance laws for women, a divorcee receives her “Mehr” sum and separates herself from her husband & his family. She is not the beneficiary of any assets left to her by a late ex-husband. The same is true for a widow who has remarried and is therefore not entitled to any property rights from her deceased husband. According to Islamic law, a second wife is a legitimate spouse with the same privileges as a first or third wife.

Indian Women’s Property and Inheritance Laws: Maintenance

The following is described for support of spouses, children, and parents in Section 125 of Criminal Procedure:

If someone refuses to keep the following items up, even with the available means:

• wife who is incapable of caring for herself
• does not look after small children, whether they are legitimate or not
• Neither parent is capable of caring for themselves.

In such a situation, the Indian Court may mandate the payment of a monthly allowance for the support of dependents.

Information from Other Nations: Inheritance Laws

The language used in inheritance laws in western & European nations like the USA, Germany, and France is gender neutral. While in India, terminology like sons, daughters, parents, children, and spouses are used. By using such language, it is implied that everyone, regardless of gender, is entitled to inherit the property. If this approach is adopted in India, then the country will have gender-neutral inheritance laws.

The Last Word on Women’s Property Laws

Let’s now attempt to address the fundamental issue of Priyanka’s upkeep and inheritance. She does not have a right to her in-law’s land. And she must accept their decision if they choose not to give her sanctuary. However, Priyanka is qualified to inherit from her father’s assets. She, her brother, and her mother should each receive an equal share of the estate because her father passed away without leaving a will. Priyanka will then be able to inherit a portion of her father’s wealth and perhaps even find safety in the family mansion. She can also check her late husband’s accounts, insurance policies, and legal claims to discover if he named her as a nominee. When she needs financial assistance, this would be a blessing.

Women now have some semblance of legal rights because to reforms made to women’s property legislation and several court rulings. You must be aware of your legal rights under women’s inheritance laws so that no one may take your belongings away from you.

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