Property Rights of women in India – The current scenario and evolution

Property Rights of women in India – The current scenario and evolution

Though India has become developed in every sense but the mental attitude towards the women or the females have still remained the same in case of inheritance of property. In earlier days mainly in the medieval period i.e. the Vedic era the women were treated at par with the male counterparts and had the right to inherit the properties of their husband. But suddenly the society started treating the women as the weaker sections of the society and with this came a baseless thinking that women cannot protect the property in the same way which the males can. This sudden change in contrast in regard to inheritance of properties by women continued for ages until the per-independence, where the British Government introduced a bill INDIAN SUCCESSION ACT 1925, wherein, the women were given some respect in regard to inheritance of property.  As per the section 33 of the said act the widow has been given right to charge the property of her husband in case of no lineal descendant until the entitlement of Rs.5000/- has been paid to her, but, this doesn’t exclude her from having inheritance upon the other properties of the husband even after the entitlement of such Rs.5000/-. This shows that after so many years of disregard, this sudden change in the law, which superseded the custom which had been followed till this law came to force brought a fresh sense of equality among the genders. The HINDU WOMEN’S RIGHT TO PROPERTY (AMENDMENT) ACT 1938 also provided some relief for the women in case of inheritance of properties of their father and husband but subjected to some limitations. The Act does not confer upon Hindu widow of any interest in agricultural land, succession to shebaitship, in which an element of beneficial or personal interest is normally involved is governed by the provision of the Act. The act applies to moveable properties in foreign countries.

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