Women in India are compared to Goddess Laxmi of the house. Does this ‘Laxmi of the house’ have any right to own her separate ‘Laxmi’? What is usually seen in Indian households is that even during partition of property at her maiden house, her husband has a say but she herself does not. She is dependent upon her husband for any jewellery she wants to buy. However, she is the first to come up with the idea of selling her jewellery in case of a financial crunch in the family. This signifies the importance of Laxmi of the house and the property she owns, be it movable or immovable. Here, we are about to discuss the property rights of women in India.
Married Women’s Property Rights in India
People often assume that once a girl gets married, all that she owns becomes her husband’s property. Here is a cloud clearing attempt for all those people to inform that property rights of women in India are not subject to marriage. The law in India gives equal rights to women when it comes to her separate property.
The Married Women’s Property Act, 1874 ensures the enjoyment of wages and earnings by married women, giving them absolute right on their earnings and properties vested or acquired by them. It further provides for the insurance policies on behalf of women or those taken by husband for the benefit of wife. Section 2 of the said Act restricts its application to any married woman who professed the Hindu, Muhammadan, Buddhist, Sikh or Jaina religion, at the time of her marriage, or whose husband professed any of those religions at the time of such marriage.
Find out who has the right over father’s property
Property Rights of Women in Hindu Law
Hindu Succession Act provides for devolution of ancestral and self-acquired properties. The 2005 amendment to the Hindu Succession Act gave daughters the right to be coparceners, which in turn gave property rights to women in India in case of joint family properties, having equal footing as that of sons in the family. In case of self acquired properties of parents, they can make a Will and freely decide the devolution of the same. In case of intestate death, property rights of daughters in India are not lost and they have equal rights as that of sons – Arunachala Gounder v. Ponnuswamy (2022).
Also read about the rights of female in live-in relationships
Property Rights of Widow
If a married woman’s husband dies intestate leaving behind his widow and children, there will be equal distribution of property among widow and children. Hence, after the death of the husband, it cannot be said that the widow will be helpless or won’t be getting any property, unless so specified by the husband in his Will.
When Property Rights of Women in India are lost?
The Hindu Succession Act lays a gender neutral provision for when a person may be disqualified from inheriting property as an heir. Section 25 of the HSA lays that a person who is convicted of murder or abetting the commission of murder shall be disqualified from inheriting the property of the person murdered. Also, if a person has converted to another religion and ceased to be a Hindu, his/her children are disqualified from inheriting any property from Hindu relatives as per Section 26 of the Act.
