Land and Property Rights for Indian Women

Land and Property Rights for Indian Women

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In most Indian families, women do not own any property in their own names, and do not get a share of parental property.[28] Due to weak enforcement of laws protecting them, women continue to have little access to land and property.[47] In fact, some of the laws discriminate against women, when it comes to land and property rights.[48]
The Hindu personal laws of 1956 (applying to Hindus, Buddhists, Sikhs and Jains) gave women rights to inheritances. However, sons had an independent share in the ancestral property, while the daughters’ shares were based on the share received by their father. Hence, a father could effectively disinherit a daughter by renouncing his share of the ancestral property, but a son would continue to have a share in his own right. Additionally, married daughters, even those facing marital harassment, had no residential rights in the ancestral home. Thanks to amendment of the Hindu laws in 2005, women now have the same status as men.[49]
In 1986, the Supreme Court of India ruled that Shah Bano, an elderly divorced Muslim woman, was eligible for maintenance money. However, the decision was vociferously opposed by fundamentalist Muslim leaders, who alleged that the court was interfering in their personal law. The Union Government subsequently passed the Muslim Women’s (Protection of Rights Upon Divorce) Act.[50]
Similarly, Christian women have struggled over years for equal rights in divorce and succession. In 1994, all churches, jointly with women’s organisations, drew up a draft law called the Christian Marriage and Matrimonial Causes Bill. However, the government has still not amended the relevant laws.[19]

Source : http://womensguide.in/law-act-for-indian-women/what-are-the-land-and-property-rights-for-indian-women.php

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