Jun 15, 2023

Women Property Rights - Godrej Properties

by Godrej Properties Limited

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Women's Property Rights under Muslim Law

Women's property rights have been a significant issue throughout history, reflecting societal attitudes toward gender equality. However, in India, where diverse personal laws govern different religious communities, women's property rights vary. This article sheds light on women's property rights under various laws in India, emphasising recent legal developments.

Women's property rights under Muslim law include a traditional division where a daughter's share is typically half that of a son, but this doesn't diminish her control over her share. Daughters possess absolute rights to independently handle, govern, and determine the fate of their property. Also, daughters are entitled to dwell in their parental homes until they marry. At the same time, the responsibility for their financial support in the event of divorce is transferred to their parental family.

Wives under Muslim Law

Regarding wives under Muslim law, they retain their identity and asset control after marriage. They are entitled to maintenance from their husbands and can take legal action against discrimination. In case of divorce, the husband must provide reasonable provisions for the divorced wife's future, including maintenance. The wife also has the right to receive "Mehr" as agreed upon in the marriage contract.

Women's Property Rights under Christian Law

Under Christian law, daughters have equal inheritance rights to their brothers in both their father's and mother's property. In addition, they are entitled to maintenance and shelter from their parents until marriage. Upon reaching adulthood, they gain full rights over their personal property. Christian wives receive maintenance from their husbands and inherit one-third of their deceased husband's property.

Hindu Law and Women's Property Rights

In Hindu law, daughters enjoy equal inheritance rights as sons in their father's property and have a share in their mother's property. The Hindu Succession (Amendment) Act of 2005 strengthened their rights by removing gender-discriminatory provisions. Daughters now become coparceners by birth, possessing the same rights and liabilities in the coparcenary property as sons. Married daughters have a right to residence if deserted, divorced, or widowed. Hindu women have complete control over their property, acquired through earnings, gifts, or wills.

Empowerment of Women through Property Ownership

Property ownership is vital in empowering women, offering them economic security and independence. In addition, it grants them influence over financial matters, enables the pursuit of entrepreneurial ventures, and contributes to their family's welfare. In India, evolving legal frameworks have progressively improved women's property rights, fostering greater gender equality and economic empowerment. Continuous efforts in this direction can establish a society that values gender equality, financial autonomy, and women's overall well-being in India.

 

Frequently asked questions

1. Are women entitled to maintenance under Muslim law?

Ans. Muslim wives are entitled to maintenance from their husbands, and divorced wives are eligible for reasonable and fair provisions for the future, including maintenance.
 

2. Do daughters have equal rights of inheritance in Hindu law?

Ans. Under Hindu law, daughters have equal inheritance rights as sons on their father's property.

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