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Property Law

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Submitted By raazz771
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Name: - R B V Pratap Singh
Roll No. 47LLB14
Synopsis
Property Law
Women's Right to Property under Hindu law: A Legal Analysis Introduction:-
In India, it is no doubt that a woman is seen as pristine, pious and worshipped on one hand but on the other hand she faces discrimination against her gender identity and victimized by the societal norms created in male dominant society. She never got the legitimate place and never enjoyed a respected position in the society even after all the civilization and societal revolutions. Male superiority is still a legitimate concern for any society and adverse conditions for women are still widely prevalent. The emancipation of women and the accomplishment of full balance between genders should dependably be the essential goal of society. Such denial cannot be justified on any grounds – political, moral or legal and not even biological.
If we look through the ancient Hindu Society, a woman did not enjoy any reasonable social status and looked upon as a dependent with hardly any property rights. Under the old Mitakshara Law, the son attains an interest and right in the family property on birth. According to this school, a son, grandson, and a great grandson constitute a class of coparceners, based on births in family. No female is a member of the coparcenary in Mitakshara Law.
The constitution of India guarantees equality of opportunity and equal status to both men and women citizen. Since article 14 of the Constitution enshrines “equality before law” and article 15 prohibits any form of discrimination. Perhaps this Constitutional mandate compelled the govt. of India to amend the Hindu Succession Act, 1956 in August
2005 to provide for equal share of male and female heirs in ancestral joint family property. In addition to this, the report of law commission of India in May 2000 recommended to correct discrimination...

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