Most of the time it is seen that women are discriminated in the field of property rights in India. The Hindu Succession Act was passed in the year 1956 which distinguish Hindu women’s property rights in comparison to Hindu male’s property rights. But another act was passed in the year 2005 which banned the discrimination of property rights in India.
Some of the women property rights included in the acts are:-
- Property rights of women before the Commencement of the Hindu Succession Act of 1956.
- Property rights of women after the Commencement of the Hindu Succession Act of 1956.
- The Hindu Succession Act,1956 amended by Act 2005.
Property and rights of women before the Commencement of the Hindu Succession Act of 1956 –
Two types of women properties:-
Streedhan means and mainly includes women’s property which she received by way of gift such as movable property.
- Women’s Estate –
The rights or characteristics of Women’s estate are:-
. It provides absolute ownership to the women of the property.
. She has right to disposal or alienation.
- A woman can mortgage, sell, or lease the property.
- After her death, the property can be transferred to her own heirs.
Property and rights after the Commencement of the Hindu Succession Act of 1956-
Hindu Succession Act,1956 abolished some general rules of succession of the property. Section 14 also abolished the concept of women’s estate and section 15 provides general rules for succession in case of Hindu female under the act. Sections which deal with property rights of women are as follows:-
General rules of succession of Hindu females under section 15:-
- Section 16 provides rules for female Hindu dying intestate.
- Firstly, it must be upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
- secondly, it must be upon the heirs of the husband;
- thirdly, it must be upon the mother and father;
- fourthly, it must be upon the heirs of the father; and
- lastly, it must be upon the heirs of the mother.
Section 16 provides:-
The order of succession of the property mentioned in section 15 shall be an intestate’s property distribution among the heirs should take place according to the rules of section 16 of the act.
The Amendment of 2005:-
Before it was seen that woman cannot inherit their father’s property but now after the Amendment of 2005 a woman can inherit their father’s property. Section 6 was amended by the act of 2005 that deals with the devolution of coparcenary property. And now women can inherit properties as coparceners.
The succession and inheritance laws for Hindus are governed by the Hindu Succession Act,1956 and this is applicable to men and women both. There is no comparison between movable and immovable property.
- A wife gets an equal share of her husband’s property like other surviving heirs.
- A Hindu married woman has right over her individual property.
- 3. If the husband remarries during the lifetime of the first wife without a divorce then the second wife will not able to inherit the property but the first wife will get the rights to inherit the property.
Consequences when rights are denied:
If a woman doesn’t get her share according to the act and rules then she can send a legal notice to the party who is denying her share. And if she is still denied then she can file suit in a civil court and claim her share.
In India, women were discriminated in case of property rights but the acts of 1956 and 2005 banned these rules of discrimination and provided women with their rights. Now, a woman can enjoy their rights relating to property succession according to the rules mentioned in the acts.