What Are An Unmarried Woman’s Property Rights?
Unmarried Woman’s Property Rights : In India, the laws governing property inheritance are extremely complex, which accounts for the alarmingly high number of cases that are still pending in court. This is also the cause of a great deal of misunderstanding regarding people’s property rights, particularly those of women. The foundation of unmarried women’s property rights in India must be understood.
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Applicable laws based on religious faith
|Hindu, Jain, Buddhist and Sikh||Hindu Succession Act|
|Muslim||Muslim Personal Law (Shariat) Application Act, 1937|
|Christian||Indian Succession Act|
|Parsi||Indian Succession Act|
In India, women’s property rights, whether they are married or single, are governed by the laws associated with their respective religions. Unmarried Christian and Parsi women are covered by the Indian Succession Act, while unmarried Hindu, Jain, Sikh, and Buddhist women are covered by the provisions of the Hindu Succession Act. The Muslim Personal Law (Shariat) Application Act of 1937 grants unmarried Muslim women the ability to assert their legal rights.
Unmarried Hindu, Sikh, Jain, and Buddhist women’s property rights
On September 9, 2005, the Hindu Succession Act was changed to put daughters on an equal footing with sons. Therefore, an unmarried woman has coparcenary rights, which are legal rights to her parents’ ancestral property. Unmarried women have the right to request property division and assert their ownership interests.
However, it is important to note that this only applies to inherited property. An unmarried woman can only claim her share of her parent’s self-acquired property after their passing and only if they didn’t leave a will.
The unmarried daughter cannot contest the will if it bequeaths their self-acquired property to someone else, unless there are specific legal grounds for doing so. The parents are free to devise any beneficiary in a will to receive their proportionate share of the inherited property. Only in the absence of a will would the rules of the Hindu Succession Act apply.
Unmarried Muslim women’s
A daughter who is not married will be given half of a son’s share under the Muslim Personal Law (Shariat) Application Act, 1937. In other words, men own twice as much as women do in terms of property. This could be understood in the following manner: In contrast to Hindu law, the parents of an unmarried Muslim woman are only permitted to leave one-third of their estate through a will, not the entire estate.
Unmarried Christian and Parsi women’s property rights
The Indian Succession Act’s Sections 31 to 49 (Christian) and Sections 50 to 56 (Parsi) respectively govern the succession of unmarried Christian and Parsi women.
An unmarried Christian woman inherits the same portion of her parent’s estate as the brother under the provisions. If the father passes away without leaving a will, the widow would receive a third of the estate. With the son and daughter receiving the other two thirds. The same holds true for a Parsi woman who is single. Unmarried Woman’s Property Rights
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