Research Article | Open Access
PROPERTY RIGHTS OF HINDU WOMEN RUNNING TITLE: PROPERTY RIGHTS OF HINDU WOMEN
Dr. Rupa Hazarika
Pages: 3147-3150
Abstract
The half of the world population i.e. women had rarely gained equal treatment in respect of property rights under any religious law. Under Hindu law the unequal treatment was evident until the amendment of Hindu Succession Act, 1956 in 2005 which abolished the inequality between son and daughter of Hindu Mitakshara Coparcenary. Section 6 of the Hindu Succession (Amendment) Act, 2005 speaks that the chief objective of this Act is to provide equal rights to women in the matters of intestate succession and share in the joint Hindu family governed by the Mitakshara law. Daughter will be treated as a coparcener and shall by birth be subject to same right and liability in respect of the coparcenary property as those of a son. However it has to be mentioned here that after crossing of so many decades of the adoption of our constitution which mandates to impart equality and abolished disparity under article 14, the personal law such as Hindu Succession Act, 1956 is silent in providing equal justice in distribution of property between Hindu male and female. Hence it proves that though laws are available in letter but in spirit it still lacking behind.
The paper will primarily focus on the property rights of Hindu women. They are deprived from their legitimate claim in their own house from the property. Inequal treatment has been given to them relating to property.
Keywords
Intestate Succession, Mitakshara coparcenary, Hindu Succession Act.