Just like men, Indian laws grants property rights to women, too. Since Independence, country’s laws have gone through many transformations. And some of them evolved to protect the property rights of women. Whether you’re planning to buy a 2 BHK or 3 BHK flats in Lucknow or anywhere, it’s important to know all your rights if you’re a woman investor.
Women’s property rights are formed under the Hindu Succession Act of 1956. This law grants women (daughters) equal rights just like sons to ancestral property. Later, the 2005 amendment Act made it more consolidated by including daughters equally coheir by birth. That means, they will inherit the same rights as sons in ancestral property.
Let’s understand women’s property rights in India thoroughly.
Women’s property rights in India
Women’s property rights under Hindu law
Under the Hindu Succession Law 1956 and 2005 amendments, daughters, wives, and mothers have the following rights.
Daughters share equal rights of property just like sons in their father’s property. They also have a share in their maternal property. The Amendment Act 2005 removed the gender-discriminatory regulations to solidify their rights. Now, daughters are coheirs by birth, having the same rights as sons.
Married daughters, on the other hand, have a right to residence in case of divorced, widowed, or deserted. Women buying 3 BHK flat in Lucknow or across India can have complete ownership of their property if they get it through wills, gifts, or buy using their own earnings.
Women’s property rights under Muslim law
Under Muslim law, women’s property rights are somewhat complex. The concept of inheritance in Muslim law works in four ways for women.
The Sharia Law mentioned in Quran explains the property share to some people. The daughter’s share is usually half as compared to the son. Daughters get complete ownership of her share to handle, govern, and decide how to use the property independently.
Daughters are allowed to live in their parental home until married. In case the married daughters are divorced, their financial support is shifted to their parental families.
In case of wives, they can retain their asset control and identity. They can obtain maintenance from their husbands. In case of discrimination, they can take legal actions. If the husbands divorce them, then they liable for reasonable provisions for the wives’ future, such as maintenance. They can also claim the “Mehr” that they agreed to pay during the marriage contract.
Key points:
A Muslim widow woman having no children holds the right to get one-fourth share of her husband’s property. However, if she has children, she is entitled to get a one-eight share of the property.
Women’s property rights under Christian and Parsi law
In India, the Indian Succession Act of 1925 governs the rights of Christians. Under this law, both men and women share equal inheritance rights. They can also receive accommodation and maintenance parental side until married. Once they come to adulthood, they hold exclusive rights to their personal property. Upon husband’s passing. They are entitled to inherit 1/3rd of the property.
Besides these provisions, women’s property rights are also safeguarded in case of divorce or domestic abuse. Even after many measures have been implemented to protect their property rights, there still remains scope for improvement in flawless execution. However, women knowing their property rights is the first step towards fair share and equality under the law.
As a credible real estate development company in Lucknow, we bring everyone’s dream of owning a home to reality, regardless of gender. We have luxury villas, 2 BHK and 3 BHK apartments in Lucknow to ensure that women investors live a comfy and luxurious life.
