WOMEN AND PROPERTY RIGHTS

According to the Hindu Succession Act, a woman can inherit property...
But in case certain conditions are imposed, she cannot sell it off

One keeps getting disturbing news about the steep fall in the male to
female ratio in the northern states. As per the latest information
available, in some states like Haryana and Punjab, the ratio of male
to female is 1000:850. The Hindu personal law, right from the olden
days, is biased in favor of male children. It is believed that a male
child helps in the salvation of the souls of his ancestors by
performing the ‘shraddh karma’.

The above thinking is reflected in the distribution of property among
one’s children. Our traditional Hindu law treats sons and daughters
differently A father is duty . bound to provide good living standards
to his daughter till her marriage and get her married as per the
dictates of his lifestyle. However, he is not supposed to give her a
share in his property Our traditional Hindu law also recognizes a
male’s right to ancestral property even when he is in his mother’s
womb.
Major amendments were made to traditional Hindu law in the year 1956,
like introduction of ‘divorce’ and abolition of ‘bigamy’, etc. In 1984
only a statutory right was given to the female child in her father’s
property by way of succession in the state of Andhra Pradesh. The
Union government recognized this right and amended the Hindu
Succession Act in 2005.

The general perception is that the lot of Hindu women in India has
improved after the ‘Hindu Succession Act of 1956’, but, unfortunately,
this is not the case. As per the provisions of the Hindu Succession
Act (Sections 15 & 16), a woman no doubt inherits the property, but
it’s subject to certain conditions. If she gets it either through
gift, succession, or court decree, she can use the property subject to
conditions in the gift deed. Supposing a father gifts immovable
property to his daughter, her rights are subject to the conditions
laid down in the gift deed. If the father has allowed his daughter to
sell the land, then she can transfer the property by way of sale. If a
father imposes the condition that his daughter can enjoy the property
in her lifetime, but doesn’t have the rights to sell it, or that she
has to hand it to some society or the other, then she has to act
according to the deed.

In case of death of a woman intestate,
the property will initially
devolve upon her son, daughter and husband. The sons of her
predeceased son and predeceased daughter will also a get a share. In
case she dies without a successor; the property will devolve upon the
relatives of her husband, as per the law applicable. In case she dies
without successors or relatives of husband, the property will go to her
parents. In case she has neither of the above the property will go to
the relatives of her father and in their absence; to the relatives of
her mother.

Courtesy:- HT dtd:- 21-02-09