WOMEN’S RIGHT TO PROPERTY UNDER HINDU LAW

AUTHOR – RISHAV NARWARIYA, STUDENT AT SVKM’S NMIMS, INDORE

Best Citation – RISHAV NARWARIYA, WOMEN’S RIGHT TO PROPERTY UNDER HINDU LAW, ILE LEXPLORER (ILE LP), 1 (1) of 2023, Pg. 15-21, APIS – 3920 – 0041 | ISBN – 978-81-964391-3-2.

ABSTRACT

This society has been male dominating and most of privileges have been available only to men and having “right to property” is one of them.  since ages women are not given the right over property, but as the time passed we started recognizing more human right, and with we started giving the rights to women, in ancient time the right on property were given on the basis of two” school of thoughts” which were Dayabhaga and  Mitakshra  where Mitakshra was of view that unmarried women and widow do  not have right over property while Dayabhaga was liberal in thought and always unmarried and widow were given right over the property in this school.

History has complicated Ups and down regarding the women’s right but for first time women got proper right was when Hindu women’s right to property act 1937 came. This give proper right to women specially to widow and to the daughters but there were still some lacuna, finally there come Hindu succession act 1956 which give right to women in property of their parent by succession as well they were given equal right as the son gets these right were given support by amendment of 2005.There were lots of judgment which resolved lots of lacuna and loopholes in the system like, Arunachala Gounder v. Ponnusamy (2022) in which it was held that if women dies without interstate, her property goes to its origin means if she gets it from parents it will go to parents and if she gets from in laws than it will go to them, but still there is issue here that if she dies and husband is alive than due to Hindu succession act the property will go to husband no matter form where she got that property.