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womens property act...


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hindu womens property act

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womens property act...

  1. 1.  Right in any form of property are ,are claims that are legally &socially recognized and enforced by external legitimized authority. Property rights include the legal rights to acquire, own, sell transfer property ,collect and keep rents, keep one’s wages, make contract and bring lawsuits.
  2. 2. The new law of succession to women's property has been laid down in section 15 and 16 of the Hindu succession act 1956. She is an owner of her property in the same way as any other individuals can be owner of his or her property, subject to two basic limitations: (a)She cannot ordinarily alienate the corpus and (b)On her death it develops upon the next heir of the last full owner .
  3. 3. Sub-section (1) of S.14 . Any property possessed by a female Hindu, whether acquired before or after commencement of this act ,shallbe heald by her as full owner thereof and not as limited owner . Sub- section(2) of S.14 .retains the power of any person or court to give limited estate to women in the same manner as limited estate may be given to any other person .
  4. 4. In Section 2 ,it provides that the rights and interest in certain properties which gets from her husband as limited estate ,shall cease upon her remarriage and shall devolve as if she had died .
  5. 5. A Hindu woman or girl will have equal property rights along with other male relatives for any partition made in intestate succession after September 2005, the Supreme Court has ruled. “The new Section 6 provides for parity of rights in the coparcenary property among male and female members of a joint Hindu family on and from September 9, 2005. The legislature has now conferred substantive right in favor of the daughters. “According to the new Section 6, the daughter of a coparcener becomes a coparcener by birth in her own rights and liabilities in the same manner as the son. The declaration in Section 6 that the daughter of the coparcener shall have same rights and liabilities in the coparcenary property as she would have been a son is unambiguous and unequivocal,”Justice Lodha, writing the judgment, said. The term coparcener refers to the equal inheritance right of a person in a property.