A Glance at Property Rights for Women in India

Property Rights for Women in India

Historically, the allowance to buy a property is only applicable to men. Some uncountable rules and regulations were made in favour of men by boycotting women’s rights. Women are not allowed to be involved in many social activities such as education, jobs and many things that women can easily do.

Due to the evolution of urbanisation in the world, women stand next to men in every field and give them high standards. Several women’s rights have come along, including property ownership by women. Women’s rights movements, the Indian government and the judiciary made changes to property ownership laws. Property rights for women in India should know the legal rights through which they can counter any discrimination against themselves.

Women and their Property

Ownership of the property gives a source of income and security to women. It is a well-known fact that purchasing a property will provide profit unless there are some mistakes while buying the property. India is backward regarding women’s empowerment, but with the current scenarios and urbanisation, this situation changed to a greater extent.

Previously, women used to consider not smart enough to make big decisions. However, this situation developed to a greater extent with women’s empowerment.

Now, a woman can educate herself, do jobs and fulfil herself without men’s help. Similarly, a woman has the legal right to buy property independently and several lands in her name without any need from others. It gives multiple benefits like good reselling value, future development and many more things. It helps develop the confidence to achieve something that takes many years to accomplish and helps maintain financial stability.

Factors Affecting Participation of Women in Ownership

Various factors lower the participation rate of women in purchasing property. Several factors are as follows:

Lack of Legal Awareness

The biggest drawback for women is not being aware of their legal rights. Due to their unawareness, many women cannot participate in purchasing a property in their name. Usually, in rural areas, women lack the power to protect their land rights.

Most women are uneducated. Due to this, they hesitate for any kind of paperwork or knowledge apart from their household duties. It is the biggest reason for backwardness in this sector.

Lack of Financial Support

The most common issue is the lack of financial support. It makes it harder for women to participate in property ownership. If the woman works and brings home some money, she will still lack basic investment knowledge. Every time a woman seeks support from her family’s male members in dealing with land and other properties. These are the reasons why the participation of women in ownership is less.

Legal Estate and Property Rights Granted to Women in India

The government of India has built various laws in favour of women to support them financially. There are several rights granted to women in India, as follows:

A Property Woman Buys Remains Her Own

If a woman is purchasing a property for any purpose will remain hers unless she gifts that property to someone else. Property ownership does not change after marriage, and the woman’s husband and in-laws have no right to claim the property she owns. Women have the full right to self-purchase property that they can claim anytime they want.

Another Person Bought the Property in the Name of a Woman Will Remain Hers

If someone purchases property in a woman’s name, the property rights will be hers, and the woman will be the property owner. No other person can claim that property.

Example: If a husband purchases a property in the name of his wife, then the wife will be the only owner, and the husband will not be able to get his property ownership.

Right to Their Spouse’s Assets

After the husband’s demise, a woman has full rights to all the properties owned by her husband. Wives have as many legal rights as their husbands. So all the property owned by her husband will be hers. Later the property will transfer towards the woman’s children after her demise.

Women’s Right on Ancestral Property

A daughter has an equal right on the property as a son to ancestral property. It doesn’t matter whether her father is alive, and she has legal rights to own the property. Just evidence and papers are required.

Insurance Coverage Right

Life insurance of women covers under the MWP act. No creditor can claim the property, and all the properties will transfer to wives and children. No involvement of any other family member will entertain unless the documentation is in favour of their names.

Right to Residence

It doesn’t matter if the woman has property in her name; legally, no one can force her to leave the house, and she will stay with her will.

If someone tries to throw them out of the house, there will be strict actions against them. Such rights are eventually helping women to have a secure shelter in hard times.

Zero Responsibility for Any Liability Owed by the Husband

According to the Married Women’s Property Act, a woman has a right to secure against her husband’s creditors. No one in the family can use her property to settle down the debts of her husband. These are several rights women can claim if any of the above things happen to them. It’s the responsibility of every citizen of India to respect every norm for everyone.

Conclusion

Progressive decisions made by the Indian government in favour of men and women have reduced discrimination and given equal status to enjoy property rights for women in India. From providing lower-interest loans to stamps, the revolution has made women strong enough to sustain themselves in harsh situations.

But the saddest part is that the men are not treating women equalling, disregarding their norms. So, to avoid such mishappenings, a woman should keep all the necessary documents with her every time, which will help women in every possible way.

FAQs

How are property rights secured for women in India?

Under section 14 of the Hindu Succession Act, every woman has the right to fully own every movable and immovable object in the property she possesses.

What are property rights given to women in ancient times in India?

In ancient India, women have no right to education, jobs and other work. The property rights back then were Stridhan, and it was a right to keep marriage gifts such as jewellery, clothes, a piece of land etc.

Can a woman get an equal share?

A married woman has an equal share of the properties her husband owns, and her husband can not abandon her. If there are no heirs of her, then she has complete rights to every asset owned by her husband after her husband’s demise.

What kind of properties can a woman own?

A woman has complete ownership of the property she has earned or got a gift. Apart from these, she has complete rights to her husband’s estate and her ancestor’s properties.

Can a girl have right on her father's property?

Yes, a girl has equal rights to her brother or an unmarried sister on her father’s property.

Can a woman claim an in-law's property?

No woman can claim her in-laws property.

Which act gave the right to property to women?

The Hindu Succession Act of 1956 gives women property rights, enabling them to purchase and keep the property as assets.