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The Court went on to say that obstructed heritage rights are not by birth.

This judgment, one can say that it has ended years of uncertainty over the correct interpretation of Section 6 of the Hindu Succession Act The Married Women Property Act,is an Act that clearly says that after the passing of this Act, the wages and earnings of any married woman acquired or gained by her shall be deemed to be her separated property if it is gained through:. The Court found no merit in the appeal and thereby, the appeal was dismissed. The Amendment Act, modified Section 6 of the Act to align it with the Indian Constitution which has provisions for gender equality.

Further, a Hindu female, who could succeed to an estate of another Hindu female as an heir, has a chance only after the distant relatives of the husband of the deceased female who is not even known to her. In such a situation, the normal rule of succession as provided for by the statute must prevail.

The issue, in this case, was whether devolution of self-acquired property of the deceased fell within the applicability of Section 15 1 and Section 15 2 of the Hindu Marriage Act, Section 15 1 lays down the ordinary rules of succession.

If the said property is self-acquired, through will, a gift, stridhan, etc then Section 15 1 will be applicable. The confusion continues to exist as different benches of the Supreme Court have given conflicting views about these questions in different cases. The Hindu Succession Act has provisions for property rights and inheritance. Bansi S. The Bombay High Court, in this case, overruled this reason and added that the discrimination in the Section is only based on gender and not on family ties.

In the state laws, the inheritance of farmland by women is not allowed to keep from the fragmentation of land. It can be seen that many societal issues develop from personal religious laws along with gender inequality.

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The amended Act provides for equal treatment of a daughter and a son regarding coparcenary rights. This presence of various religious laws is being described increasingly as legal pluralism. Hindu women have suffered inequality in terms of rights related to their inheritance throughout history.

Generally, in India and the world over, the woman goes into the family of her husband after marriage and not otherwise. Here, the Court granted the property to the very people who behaved cruelly with the deceased and did not maintain the relationship when she needed it the most. However, this was the first step towards women getting equal rights as regards properties. Although these provisions are in place they are in direct conflict with the personal laws in our country.

Therefore, Section 15 should be considered ultra vires of the scheme of the Constitution and hence invalid.

This was one of the most ificant developments concerning female rights to property in a HUF. In the amended Act ofin the class 1 heirs, widow, mother, and daughter were also included which meant that the widow, daughter, and mother would also be first in line to get property in case a partition takes place in a HUF. After the amendment, Sect i on 14 of the Act would have a retrospective effect on females including widows. Justice Sujata V. In India, the subject of inheritance is governed by the personal laws which govern how the property of a person is inherited.

The SC overruled its judgment given in the case of Phulavati vs Prakash and held that coparcenary rights are transferred from a father to a living daughter.

The law is silent about the self-acquired property of a woman. The Court talking about the effects of the provisions of Section 6 said that these provisions are retroactive in nature. The Union Government brought forth the Hindu Succession Amendment Act, with the understanding of its obligation under the Constitution of India, as well as different international instruments which India has ratified.

The Section states that any property owned by a female Hindu, whether acquired before or after the commencement of the Act shall be held by her as a full owner. As per Section 15 1 of the HSA, when a female Hindu dies without preparing a will then the devolution of her property is done to the following as per rules set out in Section In this caseSmt Narayani Devi was driven out of her matrimonial house once she got widowed just after 3 months of her marriage.

State of Keralaand Ganga Devi v. Issues : Whether the Amendment Act, had considered the daughter to have the same right as that of a son in the coparcenary property? Religious personal laws with their ambiguous status serve to legitimize the continued denial by the state of gender equality to women in family law matters, such as in succession rules. The Hindu Succession Amendment Act, was introduced in India with the aim of amending the ly existing Hindu Succession Act, to get in compliance with the Constitution of India. In addition, there are state laws that govern the inheritance of certain assets such as land.

Article 15 of the Indian Constitution provides in mandatory terms that no discrimination can be made based on sex, and special provisions can be made in favour of women as they are a vulnerable section of society. His mother has the highest priority of succession followed by his father and siblings, distant relatives, etc.

In Augustthe Supreme Court of India passed a landmark judgment in this case.

It was argued in the Mamta Dinesh Vakil v. Section 6 being retroactive in nature means that on and after 9th November it is immaterial whether the father is dead or alive for granting equal rights to the daughter as same as the son.

The Hindu Succession Amendment Act, has gone further to grant equal rights and liabilities to women, yet many disputes have arisen about the nature of the amended Act, The confusion arises whether this law is retrospective in nature or if it has a retrospective effect or not. This is irrespective of the father being alive before the Amendment. However, similar consideration is not given to a property that a woman acquires through the exercise of her skills. This suit of properties was received by the deceased from her parents. Judgment : Section 6 of the Act was given the correct interpretation by a 3-judge constitutional bench.

This was a prodigious step that enabled women in getting equal rights with respect to property in India. Before ascertaining the share that will go to which legal heirs, it is important to know the origin of the property to know which provisions will apply for the succession of the property. The Constitution guarantees women equal rights, and it also authorizes the Union to take effective actions against inequality in support of women.

Hari Om Enterpris e sSubha B. Nair v. This Section does not apply to the Scheduled tribes covered under the meaning of Article 25 of the Indian Constitution. Inshe died intestate and left behind various bank s and huge sums of money in her provident fund. The self-acquired property of a female would be her absolute property and not the property which she had inherited from her parents.

This article will throw light on the present status of Hindu women with respect to their inheritance of property and whether Section 15 of the HSA, needs to be amended to grant gender equality to Hindu women. So, these children would then have no share in the suit properties. In case the Hindu female has succeeded property and she has children and grandchildren alive then Section 15 1 of the HSA, will be applicable but Section 15 2 is applicable in case there are no children or grandchildren that are alive.

Strangely, this move was not accepted by the majority of the population of India, it even received a backlash from certain parts of the community. The classical law period in India was from and it brought about one of the first ificant changes concerning the laws for females in a Hindu undivided family HUF. This was a huge development regarding the rights for widows in a HUF and it was stated that the right to partition would be given to widowed mothers.

The modern Indian legislation also has helped in stabilizing the position of women and giving them economic independence on par with men. The other ambiguity is whether the living status of the fathers of the women at the time of the amendment affected the rights of the women. They cannot be transferred from a living coparcener to a living daughter. This is highly discriminatory.

They are neither prospective nor retrospective in nature. Also, there is an option such as the first right of refusal, which means that if a legal heir wants to sell their piece of land then the siblings get the first right to purchase that land at the market value. It depends upon the death of the original owner of that separate property. Hence, intestate succession for Hindus females has taken into consideration this ground reality.

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Article 15 1 mandates the State not to discriminate against any person on the basis of sex, ethnicity, race, caste, or any of them. Facts : In this case, the coparcener had died before the Amendment Act came into being, and hence, it was held that the daughter Vineeta Sharma was not entitled to a share in the coparcenary property as she was not the daughter of a living coparcener.

She then returned to live in her parental house where she received education and found employment. The doctrine of survivorship was completely abolished and women were given the right to completely dispose of the inherited property at their will without the requirement of permission from their husband or father.

Everyone must know their rights and remedies in case of violation of the same, especially women who have been exploited throughout the years. Lastly, the High Court of Bombay held that if a Female Hindu dies childless or without any heirs then the property which was given to her by her parents would be inherited by her parents and will devolve upon the legal heirs of her father and not the husband. From the Vedic times, the status of women in Indian society has always been considered secondary to that of the men of the society or family.

This means that the ownership was not just in a limited capacity. Sub-section 15 1 would apply only in a case where a female Hindu has died intestate. They no doubt enjoy the same rights as men do, get the same opportunities and openings as men have and are in no way inferior to them. Her mother, Ramkishori, had applied for the grant of a succession certificate. The two examples given in the Indian law scheme of devolution are more gender-equitable than Section 8 and 15 of the HSA, The state of Goa was earlier governed by the Portuguese Civil Code in matters related to personal law and the same statute continued to be applicable even after ing the Union of India.

This article has been written by Ashutosh Singha student of BA. The article analyses the ambiguity, and gender bias around the intestate succession of a deceased Hindu female in India. The confusing and vague status of religious personal laws operates to legitimize the continued denial of equality to women in matters of family law as it generates a space for rules or laws to operate that are not compliant with the constitutional requirements and yet are enforced by the state.

The laws of our country, the various schemes, and initiatives have been aimed at benefiting women in various areas within the context of a democratic polity. The Indian Constitution has steered Indian women into a new era. The Union Government has also recognized many international treaties and agreements on human rights, to ensure equal protection for women. It thus reasoned that the only basis of this classification was gender. Section 15 2 a of the Hindu Succession Act, is applicable over here as this provision excludes a husband from inheriting the property which was received by a female Hindu from her parents if she does not have any children of her own or has died issueless.

Whether the amended Section 6 of the Act of is retrospective, prospective or retroactive? The Court held that Sub-section 15 1 of the Act would apply and not Sub-section 15 2 thereof. Article 14 of the Indian Constitution mandates the State to ensure to any individual, equality before the law, or an impartial safeguard of the laws within the country of India.

Section 15 1 does not make a distinction between self-acquired property and the property which the woman had inherited.

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