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THE PEOPLE
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PROPERTY AND INHERITANCE
Hindus
Hindu law had debarred Hindu woman from owning property in her own
right in the past. The right of inheritance accrues from the side
of the father. There are no matriarchal communities in the
district. A woman could own only her stridhan or what was given to
her at the time of her marriage by way of gifts and ornaments, and
even this she could not alienate in her own right. According to
the Mitaksara School of Hindu Law (applicable to whole of India
except Bengal where the Dayabhaga School of Law was applied), the
property used to devolve on the sons after the death of the
father. Widows were entitled to maintenance.
The economic disability of women was slightly removed by the Hindu
Women's Right to Property Act of 1937. This act conferred on the
wife the right of enjoyment of her husband's share in coparcenary
property during her lifetime with no right of alienation. By the
Hindu Succession Act of 1956, the son, the daughter, the widow and
the mother inherit equally. Women's legal disabilities of
inheritance were completely removed by this piece of legislation
and in the matter of intestate succession women are assured more
or less equal treatment with men.
Formerly, in the matter of adoption women had no voice, nor could
a female child be legally adopted. The Hindu Adoption and
Maintenance Bill of 1956 lays down that a married man can adopt a
son or a daughter with the consent of his wife. Married women with
husbands alive are not allowed to adopt children in their own
right but a spinster, widow or a divorced woman can do that. A
married woman can also adopt a child in her own right but only
under certain conditions.
The bill also introduced certain rights of maintenance for women.
According to the old law, a wife had right to maintenance only as
long as she lived with her husband, but now she has the right to
maintenance under certain conditions when she lives separate from
her husband though no divorce or judicial separation is involved.
A Hindu woman rarely goes to a law court for separation because of
the social stigma attached to such a procedure and the new
regulation is of great help to women in such cases.
Hindu women were hitherto considered as ever dependent upon men
and had no economic status of their own. According to the Hindu
Adoption and Maintenance Bill, a Hindu male or female has to
support his or her children, non-earning dependents and widowed
daughters.
In spite of the recent legislation, the general condition and the
status of the women folk of the district remains much the same. A
majority of women being illiterate are unaware of the new laws.
Very often, women avoid to go to the law courts for the assertion
of their rights. They are also unaware of the responsibility
placed on them and their continued dependence and lack of
education disable them to undertake such a responsibility.
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