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Under the Hindu Succession Act, 1956, [1] females are granted ownership of all property acquired either before or after the signing of the Act, abolishing their "limited owner" status. However, it was not until the 2005 Amendment that daughters were allowed equal receipt of property as with sons. This invariably grants females property rights.
Stridhana is a term associated with property in Hindu Law. Whether property is stridhan, or a woman’s estate, depends on the source from which it has been obtained. A woman has inalienable rights over stridhan, and she can claim the same even after separation from her husband. [1]
The Hindu Succession (Amendment) Act, 2005, an amendment to the Hindu Succession Act, 1956, received the assent from President of India on 5 September 2005 and was given effect from 9 September 2005. [1] It was essentially meant for removing gender stereotype provisions regarding property rights in the Hindu Succession Act, 1956.
The nature of marriage for Hindus was radically changed by the passage of the Hindu Marriage Act (1955), the Special Marriage Act, 1954, which brought marriage into the realm of civil law. It was further changed in 1983 by addition of section 498A to the Indian Penal Code , which aimed to protect married women from cruel treatment by husbands ...
Because women's property rights are often assumed through the security of the oftentimes, male, household head, some inheritance laws allocate less property to female heirs than male heirs. [15] Ongoing adherence to male-dominated traditions of property ownership has generally meant that women cannot take advantage of the wide range of benefits ...
The Dāyabhāga is a Hindu law treatise written by Jīmūtavāhana which primarily focuses on inheritance procedure. The Dāyabhāga was the strongest authority in Modern British Indian courts in the Bengal region of India, although this has changed due to the passage of the Hindu Succession Act of 1956 and subsequent revisions to the act. [1]
Feminists, such as Nivedita Menon, argue that since the personal laws cover matters of marriage, inheritance and guardianship of children, and since all personal laws discriminate against women, the tension within the laws is a contradiction between the rights of women as individual citizens and those of religious communities as collective ...
The passing of the Hindu Women's right to Property Act of 1937, also known as the Deshmukh bill, led to the formation of the B. N. Rau committee, which was set up to determine the necessity of common Hindu laws. The committee concluded that it was time of a uniform civil code, which would give equal rights to women keeping with the modern ...