Womens Property Rights

Earlier women did not have any rights to the property and they were at the
mercy of the male members of the family. Joint Hindu Family, an unique
institution acted as refugee home of many women, widows. With the
disappearance of the Joint Hindu Family, the plight of women worsened.
Successive governments have enacted various laws improving / conferring
property rights to women.
Hindu womens rights to the property act 1937 dealt with the rights of Hindu
widow, on her husband dying without making any will.
In such cases, the widow or widows are entitled to the share of the property as
that of a son. But her interest in the property, Hindu Women Estate is limited
interest.
Karnataka Hindu Law Womens rights act 1933 conferred a limited rights to
the property, to the women. This limited right is called limited estate, which do
not have right of disposal of the property by sale, will.
Women had full estate rights, that is absolute power including of disposal by
sale / will in Stridhana property. Stridhana includes, ornaments, apparel, gifts
received, property acquired by her savings made.
The Hindu Succession Act 1959, brought out revolutionary changes in property
rights of women. Section 14 of the Hindu Succession Act, confers absolute
rights to the to the female in any property possessed by female Hindu acquired.
The rights are of full nature including unfettered rights of disposal of property.
The property covered under the section 14 of the Hindu Succession Act is both
movable and immovable, which is acquired by inheritance, devise, partition, in
lieu of maintenance, arrears of maintenance, gift, property acquired by her own
skill, purchase, prescription, or in any other manner and also Stridhana held
by her before the commence of this act. This absolute right operates
retrospectively, since the Section 14 refers to the properties acquired before or
after the commencement of the act.
Another area which was improved upon is Co-parceners property. Coparceners property is a Hindu undivided family property. The member of Hindu
Undivided property are called co-parceners who attains the right in the
property by birth. They are all related to the head of the family. This
Co-parceners include relatives within four degrees including Kartha. Earlier
females were not member of co-parceners hence were denied succession to the

ancestral property. Many States, Karnataka, Andhra Pradesh, Maharashtra,

Tamil Nadu, Kerala have amended the Hindu Succession Act 1956.
Amendment to Hindu Succession act by Karnataka has come into effect from
30-07-1994. This act gives women equal status as that of a Male. She becomes
a member of Co-parcenary by birth in the same manner as that of a son.
On partition of the co-parcenary property, she is entitled to the equal share as
that of a son. The property so acquired on succession is capable of being
disposed by her, through will or any other testamentary disposition.
In certain cases the ancestral house might be the co-parcenary property. Such
houses are generally wholly occupied by the member of the Joint Hindu
Family. In such cases, the female member cannot force a partition of such
ancestral house unless other male members in occupation of the house opt for
partition.
But the unmarried daughter, a married daughter deserted or separated from
her husband, or a widow are entitled to a right of residence therein.
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