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Family Law 6th Sem

The document discusses how Hindu women's property rights have changed over time in India. It notes that historically, Hindu women had restricted rights to inherit property. The Hindu Succession Act of 1965 expanded women's property rights by including landed property and other assets as "stridhan" or woman's estate, making it her absolute property. The Act also gave women equal rights in coparcenary property. Judicial decisions have upheld the Act and recognized women's full ownership and control over property.

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Utkarsh Shubham
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361 views7 pages

Family Law 6th Sem

The document discusses how Hindu women's property rights have changed over time in India. It notes that historically, Hindu women had restricted rights to inherit property. The Hindu Succession Act of 1965 expanded women's property rights by including landed property and other assets as "stridhan" or woman's estate, making it her absolute property. The Act also gave women equal rights in coparcenary property. Judicial decisions have upheld the Act and recognized women's full ownership and control over property.

Uploaded by

Utkarsh Shubham
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CHANGING NOTION OF HINDU

WOMEN’S PROPERTY RIGHTS

PRESENTED BY- NAVDITYA LALSOTIA PRESENTED TO: DR. KAMALJIT KAUR


18148 (ASSOCIATE PROF. OF LAW)
GROUP NO. 25
INTRODUCTION

 Property rights for women can have an impact on decision making,


income pooling, acquisition, and women’s overall role and position
in the community.
 In Hindu religion, women’s legal right to inherit property has been
restricted from the earliest times in Indian culture.
 A Hindu woman, whether a maiden, a wife or a widow has never
been denied the use of her property. Even in Manusmriti one can
see that right to hold property had been respected
HINDU SUCCESSION ACT, 1965

 With this Act, the concept of women's estate was finally discarded
and the meaning of Stridhan expanded by including landed
property along with other movable and immovable properties.
 According to the Act, “property” includes both movable and
immovable property that she receives as gift, or through
maintenance or inheritance, or that she acquires by her own skill or
by purchase, prescription, partition etc.
 Women's estate was now converted into Stridhan by Section 14 of
the legislation, which said that any property a Hindu woman
receives after June 17, 1956, will be her absolute property.
Limited
Full Ownership
Ownership

• The biggest impact of the HSA, 1956 was on the area of Hindu
Woman’s right to Hold Property and dispose it off as an
absolute owner.
• The supreme court held the opinion that the section 14 of the
act was inserted in order to bring about unity for both the
sexes.
• It was meant to elevate women from a subservient level, in the
society, to a higher pedestal, where they could exercise full
power over the properties held by them.
 RETROSPECTIVE ASPECT TO  EQUAL RIGHT IN COPARCENARY
PROPERTIES

• Upon the death of a coparcener


• For widows who on the date of the the property devolves upon his
passing of the act were in mother, widow and daughter
possession of the property as along with his son by testamentary
limited owners, S. 14 provided that or intestate succession and not by
hence forth, they would hold survivorship. This rule confers on the
these properties as full owners women an equal right along with
thereof. the male members of the
coparcenary.
JUDICIAL DECISIONS

 In Tulsamma v. Sesha Reddy, the Supreme Court observed that the


shackles placed on the Hindu women over her property have been
broken by this Act and her status has been brought on par with
men. Tulsamma v. Sesha Reddy, AIR 1977 SC 1944.
 The Court said that Section 14 is wide in its scope and ambit. It says
that any property possessed by a female Hindu whether acquired
before or after the commencement of the Act shall be held by her
as full owner.
 The principle enunciated by the Supreme Court in Tulsamma case
had been applied in Pratap Singh v. Union of India.
Thank you

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