Property Rights and maintenance of Women in India

Property Rights and maintenance of Women in India

Hindu Law

Daughter

Daughter enjoys the same property as her son and enjoys the same inheritance rights.

The daughter also has some of the mother’s wealth.

The 2005 Hindu Succession Act (revised) (No. 39 of 2005) came into effect on September 9, 2005. This amendment removes the sex discrimination provisions of the Hindu Succession Act of 1956 and gives daughters the right to:

The daughter of the partner must be an independent partner at birth in the same way as the son.

The daughter has the same rights as her son in the companion’s property.

The daughter should assume the same responsibilities as her son in the common property above.

The share allocated to the daughter is the same as the share allocated to the son.

Married daughters do not have the right to live in their parents’ homes, nor to their husbands. However, married daughters who become divorced or widowed have the right to dwell.

If a woman is an adult, she has all the rights to the property she gets, gives or wants to give. She is free to dispose of these items through sale, gift or will, as desired.

Wives

Married women have exclusive rights to personal property. Unless she donates some or all of someone. She is the sole owner and manager of the asset, whether acquired, inherited or granted.

The right to get support, support and shelter from your husband, or if your husband belongs to a common family, you can get it from that family.

She can share a common family property between her husband and son, and then share the same stake with others. Likewise, after her husband’s death, she has the right to share her role equally with her children and mother.

Mother

She has the right to receive assistance from unsupported children. She is also a leading heir.

If family property is shared among the sons, the widowed mother has the right to share her share.

Any property she owns can be sold, requested or gifted at her option.

In case of death due to intestinal sequelae, children can be inherited the same regardless of gender.

Muslim Law

Daughter

The proportion of daughters in inheritance equals half of the son, which is consistent with the notion that women are half of men.

However, she always had full control over her property. Legally speaking, depending on her life and death, management, control and disposition are all her fate.

She may receive a gift from an heir, but the gift is a means prescribed by Islamic law, and there is no doubt that it can circumvent a third of men’s laws of inheritance. The inherited stake is very strict.

Daughters have the right to live and maintain their parents’ homes before marriage. In the case of divorce, maintenance is returned to the parent’s family after the period of stay (about 3 months). If you have children who can help her. Costs fell on them.

Wife

In Islamic law, the status of women is lower than that of men, but they do not disappear from men at the time of marriage.

Therefore, she maintains control over the goods and property. She deserves the same support as any other wife, and if so, you can take steps not to discriminate against her.

During the divorce, the Supreme Court ruled that Muslim husbands are responsible for making reasonable and fair arrangements for the future of their divorced wife, which obviously also includes maintenance. Husbands are required to provide reasonable and fair provisions beyond their husband’s length of stay in accordance with the provisions of Article 3 (1Ha) of the Muslim Women’s (Divorce Rights) Act of 1986, while Muslim husbands maintain the estimated compensation liability Remuneration was not entrusted to iddat.

Enjoy ownership in accordance with the terms of the agreement agreed upon at the time of marriage.

If there are children, she will inherit 1/8 from him, and if there are no children, she will inherit a quarter. If you have more than one wife, your share may drop to 1/6. In some cases, if the law says there are no heirs to the inheritance, then the wife can inherit a larger inheritance as desired. Muslims are free to dispose of a third of their property, but are not handed over to the heirs.

Mother

If you are divorced or widowed, you have the right to request maintenance of your child.

Her property is distributed in accordance with the rules of the Muslim law.

She has the right to inherit one-sixth of the property of a deceased child.

Christian law

Daughter

She inherited her inheritance from her father’s or mothers, just like her siblings.

You have the right to live and maintain before marriage, but you cannot live with your parents.

After obtaining a majority, you will enjoy all rights to your personal property. Before that, nature guardians were fathers.

Wife

She has the right to be dishonored by her husband, but the dishonor he failed to provide was itself a reason for divorce.

After her husband dies, she has the right to receive a third of her property, and the rest of the property is evenly distributed among the children.

She must inherit at least 5000 rupees from her husband’s property. Suppose real estate is greater than this amount. If not, she can take over the whole.

Mother

She has no right to keep from children. If your child dies or lives without a spouse, you can inherit a quarter of your property.

Maintenance

Article 125 of the Criminal Procedure Act provides for the maintenance of wives, children, and parents.

If anyone has the ability to ignore or keep

A lifeless wife

His legal or illegal child

His father or mother cannot sustain himself

In this case, the court may order the person to provide maintenance allowance to his wife, child, or parent each month.

 

Order issued by a first-class magistrate

Sheriffs can also provide monthly allowances for temporary maintenance while pending orders are pending.

Applications for monthly allowances for temporary maintenance fees and program fees must be processed as soon as possible within 60 days from the date of the notification service.

“Wife” includes women who have divorced their husbands or have not divorced and remarried.

Important judicial decisions

Mangatmul V. Punni Devi (1995) (5) Zoom 199 SC

-“Maintenance must include residence regulations. Maintenance is provided for women to live in a familiar way. Therefore, the maintenance concept should include provision of food and clothing, taking into account the basic requirements of the overhead roof. .

SMT. B.P. Achala Anand-Civil Appeal No. 4250 of 2000

In this case, the Supreme Court pointed out that the wife had the right to live in a marriage home under the law. The wife has the right to be raised by the husband. She has the right to stay in a refuge. She also has the right to be forced to live apart from her by refusing to keep her due to her husband’s actions or for other legitimate reasons. The right to live is part of the wife’s right to maintain. . The term “wife” for maintenance purposes includes a divorced wife.

Author: Anubhuti Agrawal,
Jagran Lakecity University,Bhopal