Copyright © 2026 Authors retain the copyright of this article. This article is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
@article{194730,
author = {Vishwajeet Deshmukh and Hanumant Waghmode},
title = {ANALYSING TRANSFER OF PROPERTY IN BENEFIT OF UNBORN PERSON UNDER TRANSFER OF PROPERTY ACT 1882 THROUGH THE LENS OF FEMINIST JURISPRUDENCE},
journal = {International Journal of Innovative Research in Technology},
year = {2026},
volume = {12},
number = {10},
pages = {4903-4907},
issn = {2349-6002},
url = {https://ijirt.org/article?manuscript=194730},
abstract = {Women’s property rights and reproductive autonomy are central to feminist jurisprudence, yet their intersection remains underexplored in Indian law, particularly under the colonial-era Transfer of Property Act, 1882 (TPA), where Section 13 conditions speculative transfers to unborn persons even unconceived on women’s procreation, tacitly enforcing compulsory maternity amid extensive scholarship on Hindu Succession Act reforms and Medical Termination of Pregnancy Act rights. This doctrinal analysis critiques Section 13 through feminist lenses of self-abnegation and adaptive preference formation (Jon Elster), contrasting it with TPA Section 6’s ban on uncertain interests, to expose subtle coercion via psychosocial pressures akin to historical queenly obligations or familial their expectations. Findings reveal patriarchal biases perpetuating gendered dependence, filling a critical research gap in TPA discourse. Implications call for judicial reinterpretation or amendment to affirm reproductive autonomy and gender-neutral property law.},
keywords = {Feminist jurisprudence, TPA Section 13, unborn persons, reproductive autonomy, self-abnegation, adaptive preferences, property rights.},
month = {March},
}
Submit your research paper and those of your network (friends, colleagues, or peers) through your IPN account, and receive 800 INR for each paper that gets published.
Join NowNational Conference on Sustainable Engineering and Management - 2024 Last Date: 15th March 2024
Submit inquiry