CRITICAL ANALYSIS OF DISPARITY IN INTESTATE SUCCESSION OF WOMEN UNDER HINDU SUCCESSION ACT, 1956, WITH SPECIAL REFERENCE TO DEVOLUTION OF PROPERTY

  • Unique Paper ID: 157278
  • Volume: 9
  • Issue: 7
  • PageNo: 280-286
  • Abstract:
  • The property rights of Indian women is determined depending on which religion and religious belief she follows, whether she is married or unmarried, which part of India she comes from, if she is a tribal or non-tribal and so on and so forth. Ironically, what unifies Indian women is the fact that across all these divisions, the property rights of Indian women are immune from protection of the Constitution; the various property rights may be, as they indeed are in various ways, discriminatory and arbitrary, notwithstanding the Constitutional guarantee of equality of all. The property rights of the Hindu women are highly fragmented on the basis of several factors apart from those like religion and the geographical region which have been already mentioned. Property rights of Hindu women also vary depending on the status of the woman in the family and her marital status: whether the woman is a daughter, married or unmarried or deserted, wife or widow or mother. It also depends on the kind of property one is looking at whether the property is hereditary/ancestral or self-acquired, land or dwelling house or matrimonial property.

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