A+| A| A-

Women’s Right to Property Ownership

Women’s right to property ownership becomes right when it yields concrete results in women’s favour.

In acknowledging the right of Hindu daughters to their fathers’ properties, the Supreme Court in Vineeta Sharma v Rakesh Sharma (2020) has restored the original intent of the Hindu Succession (Amendment) Act, 2005. The interpretation of this important social reform law was marred by conflicting and contradictory judgments by two-judge benches of the Supreme Court, and the three-judge bench in Vineeta Sharma case has cleared the confusion.

The 2005 amendment attempts to undo the discriminatory nature of the Hindu joint family towards the daughter in property matters—the culmination of a legal reform effort that dates back to B R Ambedkar’s initial draft of the Hindu Code Bill. Even as the Hindu code, in a diluted and piecemeal form, was passed between 1955 and 1956, state governments took the initiative to reform Hindu law to make it gender-just. Starting with Kerala, states such as Tamil Nadu, Andhra Pradesh, Karnataka and Maharashtra passed their own amendments to Hindu law, ensuring equality to daughters in inheritance of property.

To read the full text Login

Get instant access

New 3 Month Subscription
to Digital Archives at

₹826for India

$50for overseas users

Updated On : 3rd Sep, 2020

Comments

(-) Hide

EPW looks forward to your comments. Please note that comments are moderated as per our comments policy. They may take some time to appear. A comment, if suitable, may be selected for publication in the Letters pages of EPW.

Biden’s policy of the “return to the normal” would be inadequate to decisively defeat Trumpism.

*/ */

Only a generous award by the Fifteenth Finance Commission can restore fiscal balance.

*/ */

The assessment of the new military alliance should be informed by its implications for Indian armed forces.

The fiscal stimulus is too little to have any major impact on the economy.

The new alliance is reconfigured around the prospect of democratic politics, but its realisation may face challenges.

A damning critique does not allow India to remain self-complacent on the economic and health fronts.

 

The dignity of public institutions depends on the practice of constitutional ideals.

The NDA government’s record in controlling hunger is dismal despite rising stocks of cereal.

 

Caste complacency of the ruling combination necessarily deflects attention from critical self-evaluation.

Rape atrocities tragically suggest that justice is in dire need of egalitarian commitment by every citizen.

Back to Top