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Charan Kedar.C. (Advocate)     30 September 2009

Right OF Equal Right In the Property For Woman

Hi All,

 

In an Hindu joint family, the house (property) is an ancestral property of a person and he has two legal hires one son and one daughter, the daughter got married before 1950 she has 5 children’s and residing separately after her marriage  and the son is residing in the particular ancestral property from long time say around 60 +yrs.
 
Now I need suggestion whether that daughter or her children’s is also having an equal right on that property if so, have to get any no objection certificate from that daughter and issues of her also? To avoid any future disputes.
 
Secondly as per my knowledge this equal right on the property for woman amendment came in to force only by 1974 (Correct me if I am wrong) in such cases whether is rule applies for this case or not.
 
Seniors kindly suggest me accordingly asap.
 
Thanks & Regards,
 
Charan Kedar.C.
Second Year Law Student,
A C College Of Law – Guntur A.P.


Learning

 5 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     30 September 2009

IN AP EQUAL RIGHT TO PROPERTY TO WOMEN CAME IN TO EFFECT IN THE YEAR 1985 IN NTR PERIOD, AS A STUDENT U FIRSTGO TO THE BARE ACT, AND SEE THE PREUMBLE,LIMITATION, EXTENT AND ASK UR DOUGHT....TRY TO INCULCUVATE HABIT OF READING BARE ACTS, IT IS MY SINCERE ADVICE TO ALL LAW STUDENTS

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     30 September 2009

The Hindu Succession Act of 1956, whose ostensible purpose was to give women equal inheritance rights, actually ended up placing severe restrictions on women’s right to own and control property. Sons are treated as co-parceners by birth in joint family property — that is, they become equal partners with their fathers from the day of their birth, whereas daughters and wives are excluded. A wife or daughter has to wait for her husband/ father to die before she can claim a much smaller share than the sons in the joint family property. For example, if a family that is dividing co-parcenary property has two sons and two daughters, the share of the widow and the two daughters would be about one-sixth that of the son. • Even this share is often taken away. In most cases, daughters are forced into signing away their inheritance rights in favour of their brothers before they are married, presumably to prevent their husbands from encouraging them to claim their share. • Under the Hindu Succession Act, daughters are entitled to an equal share in self-acquired family property, if the father dies without making a will. However, after 1956, very few fathers leave this world before writing their testaments in favour of sons, and excluding daughters. This culture of disinheritance of women is an important reason why the culture of dowry is getting more widespread. • Andhra Pradesh, under NTR’s leadership, took the lead in amending the Hindu Succession Act and bestowing co-parcenary rights to women. It was followed by Tamil Nadu and Karnataka. But even in these States, women are persuaded to surrender their inheritance rights in favour of their brothers, thanks to the cultural conditioning which views daughters as temporary members of the family. Land ceiling laws systematically exclude women from inheriting land because our government laws recognise only the share of sons as worthy of computation when a family is dividing landed property. Even today, over 70 per cent of women live by working on the land. Their status in most cases is worse than that of wage labourers, who at least get daily payment. Women working on their family land are neither entitled to ownership of land nor the income accruing from it.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     30 September 2009

PLS GO THE BARE ACT ATTACHED WITH LAW COMMISSION COMMENTS WHICH IS VERY USE FULL TO U


Attached File : 54 hindu sucssetion act 1985.rar downloaded: 630 times

vivek_law06 (Advocate/Taxation Practitioner)     11 October 2009

please tell me a father have a 5 sons and one daughter live in jammu. Daughter married on 1980 and her father died on october 2002 without any will of their property. is married daughter can claim her part from that property or not. Property is in jammu.

Adinath@Avinash Patil (advocate)     20 November 2009

PLEASE GO THROUGH AMENMENTS IN HINDU SUCCESSION ACT


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