Tuesday, May 23, 2023

Woman's Property Rights

 


A daughter stand to inherit an equal share as other siblings in her father or mother's property. In this case sheor her children are conidered as a copercaner in the ancestral property. A daughter has a right or can ask for maintenance or shelter in her parent's residence if she is widowed or divorced or dersrted. This is applcable only if the property has not been divided and she has not received her share.
She has absolute right over her property whether self acquired or inhertied and she can sell/ gift/dispers her porperty as she wishes through her will only. But in case of no will the Hindu sucession act 1925 will apply for inhertiance and succession and in case of Muslim the shariat act and for Christian the Indian succession act 1925. In cae of marriage under Special marriage act 1954 the Indian succession act will apply.
A daughter in law has no right over the property owned by her husband's parents whether ancestral or self acquired. She can acquire righs over such assets only through her husband's inhertitance/ share.
I case of death of husband of a muslim woman and if she is the only wife she will inhertied one fourth if there are no children and one eighth if there are children. If there are more tnah one wife then each wife inhertitance reduces to one eighth.
However in case of HUF there is a variation and she is eligible to shelter, support and maintenance from her husband and his family. In case of division of property between her husband and her children, she also gets equal share as her husband and her children. In case of husband's death she is ehtitled to an equal share of husband's assets divided between her, her children and his mother

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