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Unpublished Paper
Rights in Separate Property for Hindu Female – Autonomy, Relationality and the Law
(2015)
  • Archana Mishra, Ms.
Abstract

In India, among Hindus the customary laws sanctioned the male oriented law with respect to land and property and denied female their rights in land property. Access to economic rights, inheritance and property ownership to women has significant impact on her social and economic well-being. Hindu Succession Act, 1956 marks a new era in the Indian history of social legislation by removing, to an extent, the pre-existing discrimination in inheritance on grounds of gender and giving women access to economic rights. But the Act fails to live up to the promise of a legal system which aspires to ensure equality for all citizens as it lays down different rules of devolution of property for males and females dying intestate, giving preferential rights to husband’s heir over female’s parents in her property and not differentiating between her separate and self-acquired property . There has been a vast change in the social scene in the past few years and women have taken a stride in all spheres making them economically and socially strong. This paper examines the gender discrimination in devolution of property of Hindu women’s dying intestate and lacunas in the statute with respect to self-acquired property of Hindu woman.

Disciplines
Publication Date
Spring January 1, 2015
Citation Information
Archana Mishra. "Rights in Separate Property for Hindu Female – Autonomy, Relationality and the Law" (2015)
Available at: http://works.bepress.com/archana_mishra/2/